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Politics & Governance

Junaid Hafeez, Section 295-C and the Rule of Law: Reconsideration or Safe Passage?

Junaid Hafeez’s death sentence appeal raises urgent questions about digital evidence, prolonged detention and whether Pakistan’s courts can deliver timely justice.

Junaid Hafeez pictured beside a representation of the Lahore High Court for an article about his pending death sentence appeal.

What the appeal must decide

The central issue is neither whether a social media campaign declares Hafeez innocent nor whether another campaign declares the trial verdict untouchable. It is whether the conviction survives an independent examination of the law and evidence. In a capital case, that examination cannot be replaced by a crowd’s certainty. Dawn explains that the death sentence also requires High Court confirmation through a capital punishment reference, a separate safeguard that places the prosecution’s evidence under further scrutiny. According to its September 22 account, both that process and Hafeez’s appeal remained pending.

This is where the familiar suggestion of “safe passage” becomes uncomfortable. A family may understandably want a loved one out of danger, and protection after a lawful outcome may be essential. But quietly sending an accused person abroad cannot substitute for deciding whether the state proved its case. It would leave the conviction, the evidence and the years of delay without a judicial answer. Pakistan’s courts should hear the appeal promptly, record their reasons openly and provide appropriate protection to everyone involved in the proceedings. That is an editorial position; it does not prejudge the appeal.

The human cost extends beyond a case number. Hafeez’s father and brother have lived with this prosecution since 2013. Reports about his prison conditions and isolation raise serious questions that deserve examination under Pakistan’s own rules. The killing of Rashid Rehman remains a stark reminder that a lawyer’s ability to defend an unpopular client is a test of whether any accused Pakistani can receive a fair trial.

A correction Pakistan owes itself

A separate claim in the material circulating alongside this case says that the 1973 Constitution bars non-Muslims from contesting ordinary National or Provincial Assembly seats. That claim is false. The National Assembly’s published constitutional text expressly contemplates a non-Muslim standing for a general seat or a seat reserved for non-Muslims. Reserved representation and equal opportunity in practice remain legitimate subjects of debate, but that debate must begin with the law as it stands. Conflating the rules for elected assembly seats with restrictions on particular constitutional offices obscures the real issue.

READ:   AirSial and the Imran Khan Era: An Evidence-Based Case for Extraordinary Regulatory Relaxations

Pakistan’s Christian citizens have served the country in its courts, armed forces, classrooms, politics and sport. Remembering figures such as Justice A. R. Cornelius, Cecil Chaudhry and Shahbaz Bhatti should lead to something more durable than ceremonial praise: a country in which citizenship, competent defence and timely justice do not depend on a person’s faith or on the popularity of their case. Jinnah’s appeal for the divisions between majority and minority communities to diminish still asks something practical of us. It asks whether institutions will protect a Pakistani’s rights when doing so is difficult.

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