Mehdi Foundation International adherents detained in Tihar Jail, New Delhi
The Mehdi Foundation International (MFI) was formed under the guidance of H H Ra Gohar Shahi, who revealed his Sufi teachings in 1980 The set of beliefs he taught are considered to be heretical, and blasphemous under the blasphemy laws of Pakistan, where conviction for this ‘offence’ is punishable by a maximum sentence of death. Many believers have served long prison sentences, and charges were made against HH Ra Gohar Shahi himself in 1998 and 1999. These were dropped after the courts were told that he had died, though his adherents believe he has gone into ‘occultation’, having been hidden by God as the 12th Imam was in Shi’a Islam. His official representative is HH Younus AlGohar, the Chief Executive Officer and co-founder of the MFI , and also the official Representative of Ra Gohar Shahi.
This note summarises the case of 62 members of the Mehdi Foundation International (MFI), detained in Tihar Jail, New Delhi, since April 23, 2007, after they staged a demonstration at Jantar Mantar, New Delhi, burning the Pakistani flag, their passports and visa papers. This number has increased to 67, with births to detainees after they were arrested. The circumstances were outlined in paras 100-104 of the report in February 2008 by the Special Rapporteur on Religious Freedom Ms Asma Jehangir A/HRC/7/10/Add.1, see Annex A. See also attached extract from the 2010 report by the Special Rapporteur to the UN Human Rights Council, A/HRC/13/40/Add.1, Annex B
Hatred has been incited against the MFI members in Pakistan, who are accused of blasphemy, and examples of “First Information Reports” issued against members of the MFI are given in Annex C.. The National Human Rights Commission (NHRC), New Delhi, wrote on September 4, 2008, to the Ministry of Home Affairs, Government, setting out the case well, see Annex D, email to Lord Avebury from Mr Kwaza A Hafz, Assistant Registrar, NHRC, dated May 27, 2009
All the UNHCR would say, as of November 18, 2008, was that the matter was very delicate, and discussions were underway both internally with ‘relevant external interlocutors’.
On Tuesday November 18, 2008, the Indian authorities filed an application under Section 321 Cr.PC. before Shri Ajay Pandey, ACMM-01, New Delhi to withdraw prosecution against the 62 original MFI refugees. If this was granted, those 62 persons were to be released from imprisonment forthwith, and the Indian authorities would deport them to Pakistan, where they would be tried on charges of blasphemy and other serious ‘offences’. The Indian authorities were ready with vehicles parked outside the court to transport the refugees to the Wagah border and refoule them to Pakistan. The Indian Prime Minister did not reply to a letter, see Annex E. However, the lawyers acting for the refugees immediately filed Writ Petition (Crl.) No.1470/2008 in the Delhi High Court, praying that the Indian Authorities be restrained from deporting the refugees lodged in Tihar Jail and that they be granted refugee status. The court agreed to the restraint and granted interim orders protecting the refugees.
On December 17, 2008, on the hearing of an application by the refugees’ lawyer CM No.14764/2008, the Delhi High Court asked the government to obtain clarification from UNHCR on the process of granting asylum, before the next hearing scheduled for February 11, 2009. Although India is not a signatory of the UN Convention on the Status of Refugees, the lawyer urged that the UNHCR be asked to facilitate the asylum seekers’ transfer to any other country which would agree to accept them for settlement. The writ sought to implead the UNHCR as a party respondent, but in any case India is bound by the principle under customary international law of non-refoulement, see below.
It was not clear why there was no question in law of allowing them to remain in India temporarily, even though 6 other MFI members who arrived in India at the same time as the detainees have remained in the country ever since as asylum applicants. The war of words between India and Pakistan over the Mumbai atrocities might have been a factor in the decision initially; President Zardari said that suspected terrorists would not be handed over to India, so it was hoped that New Delhi might not wish to extradite this group, accused of comparatively trivial offences.
At the hearing on February 11, 2009, the Union of India asked for another six weeks to consider the matter, which was granted. The matter was then further deferred, and was due to be heard in the High Court on May 13, 2009. It was then further deferred at the request of lawyers acting for the Indian government, to July 8, 2009. By that time the 62 individuals, including 11 children and 19 women, had been in custody for 25 months, longer than the maximum sentence that could have been imposed if they had been found guilty on the original charges of being present on Indian territory without valid documentation.
Originally there were 62 persons in the group. Since their arrival, five women who were pregnant at the time of their arrest have given birth. Two persons recently said they were willing to return to Pakistan and were released but not thought to have been deported. A child, Waqas Ahmed Gohar, DoB February 2, 2001, was released into the custody of MFI members legally resident in India, because he had been with his mother in the women’s section of the prison, and the law provides that a male child reaching the age of 7 cannot remain in a women’s prison. Of the 11 children remaining in custody, the ages are as follows:
Sara Riaz (f) DoB June 27, 2003
Abhaya Gohar (f), DoB June 20, 2007
Zile Gohar (f), DoB August 15, 2004
Mary Gohar (f) DoBJuly 31, 2007
Asad Gohar (m), DoB July 29, 2005
Tabassum Gohar (f), DoB September 23, 2007
Farah Naz Gohar, (f) DoB March 12, 2006
Amir Gohar (m), August 28, 2007
Hassan Gohar, (m) DoB February 12, 2006
Abasah Gohar (f), DoB October 7, 2007
Shahzaib (m) DoB March 12, 2006
The National Human Rights Commission of India considered the right of the 62 to claim asylum in India, but not their prolonged arbitrary detention, see attached email to Lord Avebury from Mr Kwaza A Hafz, Assistant Registrar, NHRC.
The position of UNHCR was given in an email from their London office to Lord Avebury of May 27, 2009, as follows:
"As you are aware, UNHCR does not have formal status in India, and it is unlikely that it can be made a party to the legal proceedings currently underway. Nevertheless, UNHCR's staff in India continue to monitor the situation, liaising with national partners, and it awaits the decision of the court in the asylum consideration of the case. Rest assured that UNHCR is doing everything possible, within limits of its status in India, to promote respect for the principle of non-refoulement.".
The fact is that relations between UNHCR and the government of India have always been less than cordial, consequently, and their influence may be limited on this and other cases under their mandate. The MFI case may well be a good example of a situation in which UNHCR could do more if it had the support of friendly states such as the UK.
On July 5, 2009, the Government of India finally responded to the MFI petition on inclusion of UNHCR in court proceedings, pointing out several times that India is not a signatory of the Convention on the Status of Refugees, and that there is no national law dealing with asylum or refugees. The response states that
‘one of the main concerns is that the practice of persons seeking asylum on grounds of religious persecution could set an undesirable precedent’.
The Government response says that there is no reference to persecution of MFI members in the reports of Amnesty International, Human Rights Watch, or the US International Religious Freedom Report, ignoring such other references as that of the UN Special Rapporteur on Religious Freedom, or the entry in Wikipedia under ‘Blasphemy Law in Pakistan’.
On July 8, 2009, in the High Court gave the MFI eight weeks to file a response to the Government’s rejoinder, and that response was lodged on September 2. The court had to set a date for a ‘final’ hearing, at which the court would decide whether the order of deportation should be allowed, and if not, whether the UNHCR should be included in the further proceedings. If the deportation order were to be revoked, the original criminal charges against the detainees of burning their passports, and the extra charges made against them later, of obtaining Indian visas by false pretences, would still have to be considered by the lower courts.
The ‘final’ hearing of the High Court on November 26, 2009 merely produced a reiteration of the government’s rejection of the asylum application, without further proceedings on the criminal charges. The court order, nominally issued on the date of the hearing, but in fact transmitted to the MFI representatives on December 7, merely records the rejection by the government of their petition and sets December 16 for yet another ‘final’ hearing. All that happened then was that the government asked for yet more time to serve the 64 individuals with Asylum Rejection Letters. The next court date was set for February 3, 2010, but on January 28, 2010, the Government of India rejected the applications made on behalf of the detainees for political asylum (see copy attached, Annex F), and withdrew all the criminal charges against them. They continue to be held in custody, pending a decision by the courts on whether their deportation to Pakistan would be lawful. The detainees have lodged yet another application in the High Court, due to be heard on August 3, asking for refugee status, notwithstanding the fact that India is not a signatory of the UN Convention on the Status of Refugees.
The detainees have now spent over three years in prison, and there can be no reason to prolong their detention now that they have no charges to answer.
Eric Avebury
Vice-chair, Parliamentary Human Rights Group UK
July 14, 2010
Annex A
Extract from the report of the Special Rapporteur on Religious Freedom Ms Asma Jehangir, A/HRC/7/10/Add.1
page 27
India
Joint urgent appeal sent on 26 September 2007 with the Special Rapporteur on the question of torture
100. The Special Rapporteurs brought to the attention of the Government information they had received regarding Mr. Sabir Ali, Mr. Iqbal Shahi, Ms. Anisa Abdul Jabbar, Mr. Muhammad Allauddin Syed, Ms. Zill Gohar, Mr. Asad Gohar, Mr. Muhammad Ashfaque, Ms. Shaista Gohar, Mr. Ayoub Gohar, Mr. Muhammad Irshad, Mr. Muhammad Sajjad Babar, Ms. Shabana Gohar, Mr. Zaheer-ud-din Bukhari, Mr. Muhammad Faheem Jaffar, Ms. Rozina Faheem, Mr. Farooq Azam, Mr. Muhammad Khalid, Mr. Sarfaraz Hussain, Mr. Muhammad Fiaz, Mr. Muhammad Furqan Uddin Syed, Mr. Muhammad Yasir, Mr. Shehzaib Gohar, Ms. Gulnaz, Ms. Samreen Shahzadi, Mr. Muhammad Ikhlaq, Ms. Kulsoom Khan, Mr. Imran Saeed, Ms. Zakia Imran, Mr. Imran Pasha, Mr. Muhammad Maqsood, Mr. Irshad Ali, Ms. Rakhshanda Asim Syeda, Mr. Javaid Iqbal, Ms. Qazmi Begum, Mr. Muhammad Muzammil, Mr. Shahzad Mukhtar, Mr. Muhammad Zafar Iqbal, Mr. Mansoor Khan, Ms. Bushra Mansoor, Ms. Misbah Nisa, Ms. Ashraf Nisa, Mr. Moin-ud-din Ahmed, Ms. Noreen Shahzadi, Mr. Abdul Rashid, Ms. Maqsooda Bibi, Ms. Sana Riaz, Mr. Hassan AlGohar, Mr. Muhammad Shafi, Ms. Safia Shafi, Mr. Tanveer Younus, Mr. Asim Ilyas, Mr. Tahir Rasheed, Mr. Usman Rashid, Mr. Abdul Waheed, Ms. Sajida Waheed, Ms. Farah Naz Gohar, Mr. Waqas Ahmed Gohar, Ms. Samira Wasim, Mr. Muhammad Wasim, Mr. Aurangzeb, Ms. Qamar Parveen, Mr. Akhtar Ali Ansari, Ms. Abhaya Gohar, Ms. Mary Gohar, Mr. Amir Gohar. These 65 persons have Pakistani nationality and are currently detained in Central Jail Tihar, New Delhi, India. The three last-named persons were born during the past three months in Central Jail Tihar. Currently, a total of ten detainees are under six years of age.
101. According to the information received, the first-named 62 persons are members of the Mehdi Foundation International (MFI), a multi-faith institution utilizing mystical principles of Mr. Ra Gohar Shahi. They claim that in Pakistan MFI members are not allowed to practice their beliefs, that they were tortured there and that blasphemy cases against 250 MFI members have been initiated in Pakistan. In early 2007, they travelled from Pakistan to India intending to seek asylum. On 23 April 2007, they staged a protest demonstration at Jantar Mantar, New Delhi, at which they burnt the Pakistani flag as well as their passports and visa papers. In the absence of valid visa and other travel documents, they were arrested by the local police and sent to Central Jail Tihar.
102. Subsequently, their application for bail was denied with the reasoning that without local address it would not be possible to secure their presence during the trial once released on bail. On 22 June 2007, 31 July 2007 and 24 August 2007, three women of the group gave birth to Ms.Abhaya Gohar, Ms. Mary Gohar, Mr. Amir Gohar in detention; another detained woman is pregnant. Several other detainees suffer from severe depressions and their constant screaming and weeping frightens the children who are detained in the same ward. Their requests to the jail authorities to provide separate accommodation for the female detainees with children have been denied by the Additional Chief Metropolitan Magistrate of New Delhi on 28 May 2007.
103. The 65 above-mentioned persons are at risk of imminent forcible return to Pakistan. In view of blasphemy and treason charges they may face there, the Special Rapporteurs expressed their concern that their life and physical integrity may be at risk should they be returned to Pakistan.
Observations
104. The Special Rapporteur regrets that she has not received a reply from the Government concerning the above mentioned allegation. She would like to take the opportunity to refer to her last report to the General Assembly where she has dealt with the vulnerable situation of refugees, asylum-seekers and internally displaced persons (see A/62/280, paras. 38-63).
Annex B
I. India
A/HRC?13/40/Add.1
1. Urgent appeal sent on 26 September 2007 jointly with the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
(a) Allegations transmitted to the Government
100. The Special Rapporteurs brought to the attention of the Government information
they had received regarding the following 65 Pakistani members of the Mehdi Foundation International who are detained in Central Jail Tihar, New Delhi, India: Mr. Sabir Ali, Mr. Iqbal Shahi, Ms. Anisa Abdul Jabbar, Mr. Muhammad Allauddin Syed, Ms. Zill Gohar, Mr. Asad Gohar, Mr. Muhammad Ashfaque, Ms. Shaista Gohar, Mr. Ayoub Gohar, Mr. Muhammad Irshad, Mr. Muhammad Sajjad Babar, Ms. Shabana Gohar, Mr. Zaheer-ud-din Bukhari, Mr. Muhammad Faheem Jaffar, Ms. Rozina Faheem, Mr. Farooq Azam, Mr. Muhammad Khalid, Mr. Sarfaraz Hussain, Mr. Muhammad Fiaz, Mr. Muhammad Furqan Uddin Syed, Mr. Muhammad Yasir, Mr. Shehzaib Gohar, Ms. Gulnaz, Ms. Samreen Shahzadi, Mr. Muhammad Ikhlaq, Ms. Kulsoom Khan, Mr. Imran Saeed, Ms. Zakia Imran, Mr. Imran Pasha, Mr. Muhammad Maqsood, Mr. Irshad Ali, Ms. Rakhshanda Asim Syeda, Mr. Javaid Iqbal, Ms. Qazmi Begum, Mr. Muhammad Muzammil, Mr. Shahzad Mukhtar, Mr. Muhammad Zafar Iqbal, Mr. Mansoor Khan, Ms. Bushra Mansoor, Ms. Misbah Nisa, Ms. Ashraf Nisa, Mr. Moinud-
din Ahmed, Ms. Noreen Shahzadi, Mr. Abdul Rashid, Ms. Maqsooda Bibi, Ms.
Sana Riaz, Mr. Hassan AlGohar, Mr. Muhammad Shafi, Ms. Safia Shafi, Mr. Tanveer Younus, Mr. Asim Ilyas, Mr. Tahir Rasheed, Mr. Usman Rashid, Mr. Abdul Waheed, Ms. Sajida Waheed, Ms. Farah Naz Gohar, Mr. Waqas Ahmed Gohar, Ms. Samira Wasim, Mr. Muhammad Wasim, Mr. Aurangzeb, Ms. Qamar Parveen, Mr. Akhtar Ali Ansari, Ms. Abhaya Gohar, Ms. Mary Gohar, Mr. Amir Gohar. Summaries of this communication as well as observations of the Special Rapporteur are already reproduced in A/HRC/7/10/Add.1, paras. 100-104.
(b) Response from the Government dated 12 February 2009
101. By letter dated 12 February 2009, the Government of India informed the Special
Rapporteurs that a decision had been taken, after due consideration, to deport 67 Pakistani nationals at the earliest. The decision was taken after extensive consultations during which no well-founded evidence was discovered that could suggest any systemic persecution of these Pakistani nationals in Pakistan. No major internationally-recognized human rights organizations had drawn attention to any systemic persecution of Mehdi Foundation International of Pakistan. As per existing bilateral Protocol on Consular Access signed between India and Pakistan, consular access was provided to all these 67 Pakistani nationals during which the Pakistani High Commission of Delhi confirmed the nationalities of the 67 nationals and provided them travel documents. Even though necessary arrangements had
been made to release and repatriate these Pakistani nationals on 18 November 2008, they could not be repatriated to Pakistan on that date due to a stay granted by the High Court of Delhi on their deportation. The Government indicated that the matter was sub judice.
(c) Observations of the Special Rapporteur
102. The Special Rapporteur is grateful that the Government of India replied to the
communication of 26 September 2007. She would like to take the opportunity to refer to her reports to the General Assembly, in which she dealt with the vulnerable situation of refugees and asylum-seekers (see A/62/280, paras. 38-63; and A/64/159, paras. 22-24 and 67).
Annex C: FIRs against members of MFI.
On August 11, 2008 a blasphemy case 295A, PPC was registered against eight MFI members by the Khatam-e-Nabuwwat (FIR No. 281/2008, Date of Occurrence August 8, 2008), at Police Station Kotri, District Jamshoro, Sindh Province, Pakistan.
(See copy of English translation of FIR, attached)
On August 5, 2008 two MFI members (Mustaqeem and Umer) were severely beaten by extremists, but an FIR was registered against MFI members (FIR No. C/31/08, Date of Report August 6, 2008, Police Station Sharif Abad, District Karachi, Sindh Province, Pakistan) (See copy of English translation of FIR, attached)
On October 18, 2008 at 03.30 Mr Mohammad Iqbal (whose family was active in MFI) was murdered (FIR No. 995/2008, Offence u/s 302, 148, 149 PPC, Date of Report October 16, 2008 at 0500 AM, Police Station Factory Area, District Shaikhupura, Punjab Province, Pakistan) (See copy of English translation of FIR, attached)
In the last three months of 2008, another three FIR’s were registered against MFI members still in Pakistan, including one charge in regard to the murder of Mr. Mohammad Iqbal, an active MFI member in Shaeikhupura, Punjab province. English translations are attached.
Three further FIRs have been registered against MFI members in 2010, English translations of which are attached
First Information Report of A Cognizable Crime Reported Under Section 154 Cr.P.C.
No. 281/2008 PS Kotri District Jamshoro Date & Time of Occurrence 07-08-2008 at 2030
1. Date & Time of Report 11-08-2008 at 2200 6. Date & Time of Dispatch from the PS On Time
2. Name & Address of Informant Maulana Muhammad Nazar Usmani s/o Haji Shair
and Complainant. Muhammad, caste Deena, resident of Latifabad No. 2.
3. Brief Description of Offence u/s 295-A PPC
(with Section) and Property lost, if any.
4. Place of Occurrence along-with T.T.C. College, at a distance of ¾ Km towards West of PS,
Distance & Direction from the PS. Daih Solanhaar.
5. Steps taken towards Investigation
and Reasons for delay in recording copy of the FIR was handed-over to --- Team, Kotri
Information, if any.
Signature : Shabbir Ahmed Larik Designation : ASI Kotri PS
Complaint is that: I reside at the above-mentioned address and I am Convener of Khatam-e-Nabuwwat, Hyderabad Division. On 07-08-2008, I, along with Maulana Bashir and Maulana Ghulam Rasool were driving from Hyderabad to Khuda-Ki-Basti in our vehicle. At about 2030, when we reached at TTC College Kotri, we saw in the light of the car that 1. Asad Abbas, Organizer of Mehdi Foundation Hyderabad, 2. Faisal, 3. Arshad Moon, 4. Zahid Nawazi worker of Mehdi Foundation Hyderabad and 3/4 un-known persons were chalking on the wall of the College. In Chalking, La-Ilaha-Illa-Riaz and Syedna Riaz Ahmed Gohar Shahi is Imam Mehdi (The Awaited Messiah) were written. On such chalking our religious feelings were hurt. When we moved farther, we saw that religious feelings of all Muslims of the area were also hurt. After this, we informed the Clerics of our organization. After mutual consultation, I hereby appear and report that the Accused Persons 1. Asad Abbas, 2. Faisal, 3. Arshad Moon, 4. Zahid Nawazi and 3 or 4 others, whom we can recognize on seeing them, have extremely blasphemed, spread religious hatred and have carried out provocative Chalking due to which religious feelings of all Muslims and residents of the area have been hurt. I pray for redressing it.
Note :- Complaint of the complainant was written verbatim word to word and read over to him who after reading, accepted it to be correct and signed on it.
Sd/- Sd/-
Complainant Maulan Muhammad Nazar Usmani ASI PS Kotri
Police Action
Respected Sir :- The above mentioned complaint has been registered in the Book under section 154 Cr.P.C. and implementation is under section 157 Cr.P.C. with the Concerned Court. Copies of the FIR were placed before the higher officials. The case has been entered in the concerned Register No. 2. The first copy of FIR has been handed over to ………. for the SHO for investigation. A copy of FIR was handed over to the complainant.
First Information Report of A Cognizable Crime Reported Under Section 154 Cr.P.C.
No. 995/2008 PS Factory Area District Shaikhupura Date, Time and place of Occurrence Today at 3:30 AM
1. Date & Time of Report With Ref to Report No. 45 6. Date & Time of Dispatch from the PS Special Report
dated 18-10-2008 at 0500 AM
2. Name & Address of Informant Application from Bakhtawar s/o Bashir Ahmed, Caste Bhatti,
and Complainant. resident of Gujyana-Nau, PS Saddar Farooq-abad. Cell 0321-3265589
3. Brief Description of Offence Offence u/s 302, 148, 149 PPC
(with Section) and Property lost, if any.
4. Place of Occurrence along-with Within the area of Scheme No. 3, Kot Abdul Malik, at a
Distance & Direction from the PS. distance of ½ Km towards South.
5. Steps taken towards Investigation
and Reasons for delay in recording Case was registered on receipt of the application.
Information, if any.
Signature : Tariq Mehmood SI Designation : Sub Inspector
Complaint is that: To, The SHO, Factory Area, District Shaikhupura. Sir it is submitted that I am a labor and resident of Gujyana-Nau, PS Saddar Farooqabad. Yesterday evening, I, my brother Muhammad Iqbal, Muhammad Afzal s/o Abdullah, Yaqoob s/o Bashir Ahmed, caste Bhatti were at my sister Jameela Bibi’s house at Iqbal Town. At about 08:00 PM, Nasir s/o Muhammad Tufail, caste Joya, resident of Kot Abdul Malik called my brother Muhammad Iqbal and took him to the residence of Riaz at Kot Abdul Malik. I, Muhammad Yaqoob and Muhammad Afzal s/o Abdullah following them, also reached at the residence of Riaz at Scheme No. 3, Kot Abdul Malik. All of us slept at the residence of Riaz that night. At about 3:30 AM, Nasir and my brother Iqbal left for Sabzi-Mandi, Lahore for work. Within a short time, we heard gun firing. I, my brother Muhammad Yaqoob and Muhammad Afzal, all three rushed out. Light at Electric pole was on. (1) Manzoor s/o Ameer Ali (2)- Mustafa s/o Ameer Ali armed with 30-Bore pistol were present at a distance of 10 yards from the residence of Riaz. They have injured my brother Mohammad Iqbal by firing. Nasir was standing by the wall. Four unknown persons were also present along with the afore-mentioned accused persons who on seeing us, all fled away along with weapons. Manzoor, Mustafa and four others have murdered my innocent brother. My brother died instantly. Iqbal belonged to MFI. Signed in Urdu, Bakhtawar
Police Action :- At the time, I, along-with Haroon Rasheed 696/C, Muhammad Rafeeq 902/C employees was present at Kot Abdul Malik for patrolling duty of Lahore Road. Complainant Bakhtawar s/o Bashir Ahmed, caste Bhatti, resident of Gujyana-Nau, PS Saddar, Farooqabad personally presented an application. From contents of the application, the offence of 302, 148, 49 PPC is made out. The application is sent to PS through Muhammad Rafique, for registration of the case. Moharrar, Head Constable sent special reports to the officials. I am heading to the place of occurrence. Signed in Urdu, Rab-Nawaz, SI, PS Factory Area, 18-10-2008. From Lahore Road, Kot Abdul Malik at 4:45 AM.
From Police Station :- On receipt of the application, case was entered in the concerned Register. The original application along with copy of the FIR was sent to In-charge Investigation, through Mehmood-ul Hassan 639/C. The SHO has been informed of the case. Special reports are sent to the higher officials.
Tariq Mehmood, SI, PS Factory Area
18-10-2008
From PS Sharifabad, Karachi C/31/OP 06/08/2008
In The Court of DDO Liaqatabad Town, Central Karachi
Subject : Report u/s 107/117 Cr.P.C.
Case/Crime No. : 6/08 u/s 151 Cr.P.C.
Complainant : ASI Muneer Ahmed, P.S. Sharifabad, Karachi.
Versus : 1) Muhammad Mustaqeem s/o Muhammad Nabi, r/o B13 3/7 Rexer
Colony, Mangho-Peer Road, Karachi.
2) Umer Farooq s/o Shamroz Khan, r/o Korangi Crossing, Karachi
Date of Arrest : 05-08-2008
Respected Sir,
Brief details of the case are such that on 05-08-2008, I, ASI Muneer Ahmed along-with sub-ordinates was patrolling the area in Police Mobile. On receiving information, when I reached at under By-Pass, Gharibabad, saw that people are gathered and beating up the above accused persons. After rescuing from the mob, took the accused into my custody. During enquiry, people told that the accused persons were blaspheming Kalma (Religious Motto) through Wall-Chalking. They were engaged in the provocative and hateful wall chalking such as “Mulla Omar is Anti-Christ (Dajjal)”. There was rage (anger) exhibited by the people, therefore, I immediately arrested these two accused persons u/s 151 Criminal Procedure Code. If the accused were not arrested in time, the angry crowd might have attempted some cognizable offence. Furthermore, none from the crowd was ready to become complainant or witness of the case.
Therefore, it is requested through this report that the accused persons, who during interrogation, have told no relation with Gohar Shahi sect, be bound under surety for good behaviour
Witnesses : 1) PC/6292 Mubarik Ali, PS Sharifabad, Karachi
2) PC/ -----
Registered the case
and order has passed
u/s 112 Cr.P.C. accordingly.
S/d 06/08/2008
Deputy District Officer (Revenue)
Special Judicial Magistrate
Liaqatabad Town
First Information Report of A Cognizable Crime Reported Under Section 154 Cr.P.C.
No. 04/2010 PS Hyderabad District Bhakkar Date & Time of Occurrence Today, at 0700 Hrs
1. Date & Time of Report 13/01/2010 at 07:30 am 6. Date & Time of Dispatch from the PS 13/01/2010
with Ref to Report No. 26 08:00 am
2. Name & Address of Informant Complaint written & sent by Muhammad Afzal Khan, I/SHO
and Complainant. PS Hyderabad.
3. Brief Description of Offence u/s 298, 295-A PPC
(with Section) and Property lost, if any.
4. Place of Occurrence along-with Habib Chowk, Hyderabad at a distance of 1 ½ Km from the PS
Distance & Direction from the PS. in the direction of East.
5. Steps taken towards Investigation
and Reasons for delay in recording As per receipt of written complaint.
Information, if any.
Signature : Nasir Hussain ASI Designation : Moharrar
Case under section 295-A, 298 PPC. Today, I along with Muhammad Khalid (215/C), Sami-ullah (79/C) boarding on the government vehicle No. BKA-618 driven by Zafar Abbas (195/C), after duty of checking mosque when reached near Hyderabad Bus Stand at 07:00 morning, the constables Shaukat Hussain (806/C) and Mazher Abbas (195/C) came to me. Shaukat Hussain (806/C) presented the photocopy of a pamphlet on which it is written “Message to the Muslim Nation…It is our faith that manifestation of the pictures of Gohar Shahi on the Moon, the Sun, the Holy Black Stone and various other places is a Divine Miracle. God has manifested these signs for the guidance and grace to the humanity. Meh means Moon; Mehdi means the one on the Moon. Imam Jaffer Sadiq also said that picture of Imam Mehdi will shine in the Moon. The appearance of the pictures of Gohar Shahi on the surface of the Moon indicates that HH Syedna Gohar Shahi is the Awaited Imam Mehdi. These signs are an act of the God and it is beyond the reach of a human being to draw a picture at such places.”
The constables informed that Abdul Majeed s/o Azmat caste Wado resident of Mutahir-wala, Ghulam Hussain, Abdul Shakoor and Khalid Hussain residents of Lal-Bhatti-wala were distributing this pamphlet to the passersby after Fajar Prayers at Hyderabad Bus Stand. Abdul Majeed handed over this pamphlet to us also. Pamphlet presented by Shaukat Hussain (806/C) was taken into Police custody through a separate memo. Abdul Majeed, Ghulam Hussain, Abdul Shakoor, Khalid Hussain by distributing this pamphlet (printed from some unknown press for preaching their religion Gohar Shahi) have hurt the religious feelings of the Muslim and spread religious hatred and disgraced (blasphemed) the Islamic Signs and thereby committed the offence of 295-A, 298 PPC. Therefore, the complaint, after compiling, is sent to Police Station through Sami-ullah (79/C). After registering the case, I may be informed No. of the case. I am proceeding on investigation. Muhammad Afzal Inspector/SHO, Hyderabad Police Station. 30/01/2010. From Habib Chowk Hyderabad at 07:30 AM.
From Police Station :- From Police Station: On receipt of the complaint, FIR under above sections was registered. Original Application along with copy of the FIR is sent to Muhammad Afzal Khan I/SHO PS Hyderabad for investigation.
Nasir Hussain ASI/Moharrar PS Hyderabad
13-01-2010
First Information Report of A Cognizable Crime Reported Under Section 154 Cr.P.C.
No. 11/2010 PS Mankeera District Bhakkar Date & Time of Occurrence 13/01/2010 at 01:30 pm
1. Date & Time of Report 13/01/2010 at 02:20 pm 6. Date & Time of Dispatch from the PS 14/01/2010
Report No. 14 08:00 am
2. Name & Address of Informant On receipt of written complaint by Ghulam Akber, SI
and Complainant. PS Mankeera.
3. Brief Description of Offence u/s 295-A, 298 PPC
(with Section) and Property lost, if any.
4. Place of Occurrence along-with From Bus Stand Mosque, Mankeera at a distance of 50 yards
Distance & Direction from the PS. from the PS in the direction of North-West.
5. Steps taken towards Investigation
and Reasons for delay in recording As per receipt of written complaint.
Information, if any.
Signature : Muhammad Saeed Designation : ASI/DO
Case under section 295-A, 298 PPC. Today, I along with Saif-ullah (512/HC), Sadiq Hussain (525/C), Mazher Suhail (959/C) boarding on the government vehicle No. BKA-8836 driven by Imam Buksh, on the patrolling duty of mosques was present at Asghar Chowk. At 01:30 PM, ASI Altaf Hussain, Sami-ullah (769/C) came to us. ASI Altaf Hussain presented the photocopy of a pamphlet on which it is written “Message to the Muslim Nation……It is our faith that manifestation of the pictures of Gohar Shahi on the Moon, Sun, the Holy Black Stone and various other places is a Divine Miracle. God has manifested these signs for the guidance and grace to the humanity. Meh means Moon, Mehdi means the one on the Moon. Imam Jaffer Sadiq also said that picture of Imam Mehdi will shine in the Moon. The appearance of the pictures of Gohar Shahi on the surface of the Moon indicates that HH Syedna Gohar Shahi is the Awaited Imam Mehdi. These signs are an act of the God and it is beyond the reach of a human being to draw or fix a picture at such places.”
They told that Ghulam Qasim s/o Muhammad Nawaz caste Cheena resident of Malkay-wala, Moza Patti-Bulanda was distributing this pamphlet among the people after Zohar Prayers at Mankeera Bus Stand Mosque. Ghulam Qasim handed over this pamphlet to us also. Pamphlet presented to ASI Altaf Hussain was taken into Police custody through a separate memo. Ghulam Qasim by distributing this pamphlet (printed from some unknown press for preaching their religion Gohar Shahi) has hurt the religious feelings of the Muslim and spread religious hatred and disgraced the Islamic Signs and thereby committed the offence of 295-A, 298 PPC. Therefore, the complaint, after compiling, is sent to Police Station through Sami-ullah (769/C). After registering the case, I may be informed of No. of the case. I am busy in investigation. Signature in Urdu Ghulam Akber SI, Mankeera Police Station. 30/01/2010. From Asghar Chowk Mankeera at 02:10 PM.
From Police Station :- On receipt of the written complaint, FIR under above sections was registered. Original Application along with copy of the FIR is sent to SI Ghulam Akber through Sami-ullah (769/C) for investigation. Information of the FIR is being conveyed to the higher officials.
Muhammad Saeed ASI/DO PS Mankeera
13-01-2010
First Information Report of A Cognizable Crime Reported Under Section 154 Cr.P.C.
No. 38 248956 PS Hyderabad District Bhakkar Date & Time of Occurrence Not known.
1. Date & Time of Report 10-05-2010 @ 0915 6. Date & Time of Dispatch from the PS 11-05-2010
with Ref. to Report No. 5. at 08:00 am.
2. Name & Address of Informant Written Application by Muhammad Naeem-ullah s/o Shair Muhammad,
and Complainant. Caste Mochi, r/o Mahini, Tehseel Mankeera, District Bhakkar along with the
Legal Opinion of Asstt. Public Prosecutor, Bhakkar.
3. Brief Description of Offence u/s 298-C PPC
(with Section) and Property lost, if any.
4. Place of Occurrence along-with Within the area of Mahini, approx. 35 Kms from the PS in the
Distance & Direction from the PS. direction of North-East.
5. Steps taken towards Investigation Os per receipt of written complaint along with Legal Opinion.
and Reasons for delay in recording
Information, if any.
Signature : ASI Zahid Hussain Designation : Moharrar
To The DPO Bhakkar,
Muhammad Naeem-ullah s/o Shair Muhammad, Caste Mochi, r/o Mahini, Tehseel Mankeera, District Bhakkar…………………………………….................................................................................................................
Applicant Versus Habib-ullah s/o Suhab, Caste Bhutta, Teacher Government H/S Mahini, Tehseel Mankeera, District Bhakkar…………………………………...........Accused
Application For Legal Action On Blasphemy of the Prophet, Quran and other Islamic Tenets
Sir, It is informed that undersigned applicant is the resident of Mahini Thall. The accused is also resident of Mahini and preaches the religion and faith of Riaz Ahmed Gohar Shahi and publicly preaches La-Ilaha Il-Allah Gohar Shahi Rasool Allah instead of La-Ilaha-Il-Allah Muhammad Rasool Allah. The witnesses to which are 1. Haji Haq-Nawaz s/o Ghulam Hassan, Caste Bhadwaal, 2. Azhar Abbas s/o Noor Muhammad, Caste Mochi, 3. Mazher Abbas s/o Haji Shair Muhammad, Caste Derkhan, 4. Allah Bakhash s/o Noor Muhammad, Caste Mochi and other residents in whose presence he has recited this Kalma (Motto). He also preaches tenets of the Gohar Shahi. Complete record, matter and literature in this regard is attached with this application. It is, therefore, prayed that legal action be taken against accused on Blasphemy of Prophet, Quran and other Tenets (SHA-ER) of Islam.
06-02-2010 Applicant Muhammad Naeem-ullah s/o Shair Muhammad, Caste Mochi r/o Mahini, Tehseel Mankeera, District Bhakkar.
Signed in Urdu Muhammad Naeem-ullah.
On this application Mr. Rab-Nawaz, Assistant Public Prosecutor has given following opinion:
Sir the contents of the application have been perused carefully, from the prima facie applicability of offense u/s 298-C is made present, therefore, the case u/s 298-C can be registered against the accused. Signed in English with office stamp. Rab-Nawaz, Assistant District Public Prosecutor, Bhakkar, 18-02-2010
Police Action
Sir,
At this time, the application along with legal opinion is received. From the contents prima facie offence of Section 298-C is present. Accordingly, FIR against the said offence was registered. Original Application along with all documents and copy of FIR is sent by hand of Jamshaid Ali 594/C to SI Zulfiqar Ali for investigation. Information of the incident is being conveyed to I/SHO.
Zahid Hussain
ASI, Moharrar PS Hyderabad
10-05-2010
Annex D
Email to Lord Avebury from Mr Kwaza A Hafz, Assistant Registrar, NHRC, dated May 27, 2009
With reference to your mail dated 19.5.2009 seeking information regarding the action by the NHRC on the complaint pertaining to 62 MFI detainees lodged in Tihar Jail, Delhi, I am to inform you that the Commission has already disposed of this matter incase No.1079/30/0/07-08. The directions made by the Commission are reproduced hereunder:
Commission’s directions dated 23.8.2007
"This petition has been made on behalf of 63 Pakistani nationals who had staged a protest demonstration at Jantar Mantar to seek asylum in India and were sent to Tihar Jail for burning their Pakistani passports. The petitioners pray for intervention of the Commission to save them from deportation to Pakistan. They apprehend that they would be executed under the blasphemy law as soon as they are sent to Pakistan.
The Commission sought comments from the Ministry of Home Affairs and also from the Ministry of External Affairs. The Ministry of External Affairs submitted comments and stated that the petitioners had obtained visa from the High Commission of India on the basis of fake letters of reference. It was further submitted by the Ministry that informal inquiries by the Indian High Commission did not reveal any well founded evidence to suggest persecution of the members of Mehdi Foundation International to which the petitioners belong.
The report received from the Ministry was forwarded to the representative of the petitioners. She has reiterated that repatriation to Pakistan means a certain death penalty for the petitioners. She submits that "Indian hierarchy has ignored the circumstances under which sixty two people migrated to India. The fear of death drove them to obtain Indian Visa on no-matter-how policy".
Grant of asylum is an administrative decision to be taken by the Government of India and the Commission can not possibly interfere in such matter. The Commission would, however, like to draw the attention of the Government of India to the observations made by the House of Lords in R(on the application of Limbuela) V Secretary of State for the Home Department, reported in (2007) I ALLER 951.
While construing the powers of the Secretary of State for the purpose of avoiding a breach of a person's rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, their Lordships observed as follows:-
"As soon as the asylum seeker made it clear that there was an imminent prospect that a breach of the article would occur because the conditions which he or she was having to endure were on the verge of reaching the necessary degree of severity, the Secretary of State had the power under s 55(5)(a) of the 2002 Act, and the duty under the 1998 act, to act to avoid it. The factors which would come into play in the assessment included whether the asylum seeker was male or female, or was elderly, or in poor health, the extent to which he or she had explored all avenues of assistance that might be expected to be available and the length of time that had been spent and was likely to be spent without the required means of support."
The Commission hopes that the Government of India, while considering the petitioners' request for asylum, will give due regard to the above observations made by the House of Lords. It is recommended to the Government of India that the 62 petitioners be not deported to Pakistan till an appropriate decision on their request for asylum in India is taken by the Government. It is further recommended that the petitioners will be treated in a humane manner and proper medical care and other basic necessities will be provided to them as long as they are in India."
Commission’s directions dated 02.9.2008
"The complainant had made a petition on behalf of 63 Pakistani nationals who had staged a protest demonstration at Jantar Mantar to seek asylum in !ndia and were sent to Tihar Jail for burning their Pakistani passports. The petitioners prayed for intervention of the Commission to save them from deportation to Pakistan. They apprehend that they would be executed under the blasphemy law as soon as they are sent to Pakistan.
Upon consideration of the reports received from the Ministries of Home Affairs & External Affairs and the comments of the complainant on the said reports, the Commission vide proceedings dated 23.8.2007 observed and directed as under:-
"Grant of asylum is an administrative decision to be taken by the Government of India and the Commission can not possibly interfere in such matter. The Commission would, however, like to draw the attention of the Government of India to the observations made by the House of Lords in R(on the application of Limbuela) V Secretary of State for the Home Department, reported in (2007) I ALLER 951.
While construing the powers of the Secretary of State for the purpose of avoiding a breach of a person's rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, their Lordships observed as follows:-
"As soon as the asylum seeker made it clear that there was an imminent prospect that a breach of the article would occur because the conditions which he or she was having to endure were on the verge of reaching the necessary degree of severity, the Secretary of State had the power under s 55(5)(a) of the 2002 Act, and the duty under the 1998 act, to act to avoid it. The factors which would come into play in the assessment included whether the asylum seeker was male or female, or was elderly, or in poor health, the extent to which he or she had explored all avenues of assistance that might be expected to be available and the length of time that had been spent and was likely to be spent without the required means of support."
The Commission hopes that the Government of India, while considering the petitioners' request for asylum, will give due regard to the above observations made by the House of Lords. It is recommended to the Government of India that the 62 petitioners be not deported to Pakistan till an appropriate decision on their request for asylum in India is taken by the Government. It is further recommended that the petitioners will be treated in a humane manner and proper medical care and other basic necessities will be provided to them as long as they are in India."
Ms. Nilima Prabhu has again made an application on behalf of Mehdi Foundation International urging the Commission to take up the case of 67 MFI Members with the Government of India for expeditious disposal. She states that the Government proposed to take the asylum case of the aforesaid 67 persons only after conclusion of the criminal trial. The Commission is of the opinion that pendency of the criminal case can be no harm to consideration of the asylum applications."
This is for your information please.
With regards,
Yours Sincerely,
Khwaja A. Hafeez,
Assistant Registrar (Law)
Annex E
From Lord Avebury P0813102
020-7274 4617
ericavebury@gmail.com
ericavebury.blogspot.com
October 13, 2008
Dear Prime Minister,
Please will you defer the removal of 62 Pakistani citizens who are in Tihar jail, accused of destroying their travel documents after they had crossed into India as refugees, and invite the UNHCR to interview them and report on the validity of their claim for protection. Although India is not a signatory of the Convention on the Status of refugees, it is a preemptive norm of international law that a person should not be sent back to a country where he has a well-founded fear of persecution. Pakistani Muslims consider that the views of the Mehdi Foundation International, the organisation to which these people belong, are blasphemous, and this makes them liable to criminal charges for which the penalty is death. I therefore respectfully beg you to seek advice from the UNHCR on the risks to the lives of the 62 if they are extradited, and in the meanwhile, to release them so that they have access to the fullest possible legal advice on their position.
I should add that UNHCR are already aware of this problem, both in Geneva and New Delhi.
H E Dr Manmohan Singh,
Prime Minister.
Republic of India
cc Shri Shivraj V Patil Minister For External Affairs Shri Parnab Mukherjee Minister For Home Affairs; Smt Pratibha Patil, President of India, Ms Carol Batchelor, UN Head of Mission New Delhi; Mr. Swaminathan, Joint Secretary External Affairs; Mr. Rajindra Babu …. Chairmain NHRC
Annex F refusal of asylum
