It took Junaid Hafeez four months to find a lawyer who would stand by him until his last breath. Hafeez has been accused of blasphemy. His father would not dare greet him in the courtroom for fear that he might jeopardise the safety of his family. But a brave Rashid Rehman took up the case and since that day Rehman had been receiving death threats.
At one point, Rehman was threatened inside the courtroom. In the presence of the hearing judge but no action was taken. He was shot dead in Multan on May 7, 2014 inside his chambers.
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Relatives mourn after the killing of Pakistani lawyer Rashid Rehman. Photo: AFP[/caption]
Perhaps the incident would not be a shock for a society, where human blood is valued at the lowest price. I wonder how many lawyers would mourn this loss in a Bar whose lawyers celebrate Mumtaz Qadri. I will not spend time paying tribute to Rehman as I will run out of words. I will also not judge the alleged (Hafeez) of blasphemy as every other Pakistani citizen is doing the job so well.
All that I will call for is to remove the right of defence in cases of blasphemy.
When the judges cannot hear a case independently and lawyers cannot represent the accused without risking their lives then why must we provide an opportunity to the accused to defend himself? Why do we need a formality, whereby the conscience of a few rightly-minded individuals is put to the test?
I was asked, a few days ago, on Twitter,
“Isn’t it one of the first lessons taught in law schools that you get a right to defend yourself through legal representation?”In a normal country, even in abnormal circumstances, yes, you will have this right in letter and spirit. The police will not be able to conduct the first interview with the accused in the absence of a lawyer. He will be afforded a right to adequate time to prepare his defence along with legal aid for a lawyer to put his side of the case at trial if he cannot afford one. But it is only in Mumlikat-e-Khudadad Islami Jamhooriya Pakistan (Islamic republican state of the divine, Pakistan) that normal rules are not followed since every other person thinks of himself as the sole authority on this planet to distinguish right from wrong. Then why do we need courts, judges, lawyers, prosecutors, forensic experts and witnesses, when justice is to be met outside the courtrooms? Why do we need to put all these lives at risk to do the impossible (deliver justice)? [caption id="" align="alignnone" width="600"]
Human rights and civil society activists stage protest in Super Market, Islamabad, against Rashid Rahman’s murder. Photo: File[/caption]
One of the arguments put forward by protagonists of blasphemy law is that the presence of law prevents individuals from taking up guns. The situation that we find ourselves in today does not support this argument. Moreover, the fact remains, that we do not want a fair hearing of those accused of blasphemy and if the accused is lucky enough to be spared of the noose, neither will he be allowed to live in peace nor will his lawyer!
RIP Rashid Rehman!