Brifing

Pakistan Supreme Court Acquits Siblings in Long-Standing Blasphemy Case

Judges overturn death sentences citing medical evidence of chronic mental health conditions.

Dawn3 min

1Two Decades of Imprisonment

The Supreme Court of Pakistan has acquitted Liaqat Ali and Umar Draz, two brothers who spent twenty years incarcerated following a 2006 conviction. Originally sentenced to death by a Jhang sessions judge, their appeals were previously dismissed by the Lahore High Court in 2015, leaving their capital punishment status unchanged for over a decade.

2Origins of the Complaint

The case originated from a marital dispute involving Umar Draz, which led to his divorce in March 2006. During the return of dowry items, documents containing blasphemous assertions were recovered. The brothers reportedly acknowledged these contents when confronted by witnesses, leading to their arrest under Section 295-C of the Pakistan Penal Code.

3Evolving Psychiatric Assessments

Initial 2007 evaluations by a Faisalabad medical board deemed the brothers mentally sound. However, subsequent assessments in 2023 and 2025 by larger, specialized boards diagnosed both men with bipolar affective disorder featuring psychotic symptoms. The court noted that these later findings, provided by senior psychiatry professors, carried significantly more weight than earlier reports.

4Judicial Reasoning on Culpability

Chief Justice Yahya Afridi and his bench ruled that the medical evidence raised substantial doubts regarding the brothers' culpability. The court emphasized that the benefit of doubt must be granted when medical experts conclude that a defendant lacked the capacity to understand their actions due to a chronic, permanent mental health condition.

5Legal vs Medical Insanity

Justice Shakeel Ahmad, while concurring with the acquittal, highlighted the distinction between medical and legal insanity under Section 84 of the PPC. He noted that psychiatric diagnosis alone does not automatically satisfy legal requirements, yet the surrounding circumstances and medical reports collectively created enough reasonable doubt to justify the brothers' immediate release.

6Mandate for Continued Care

Beyond the acquittal, the Supreme Court issued a specific directive to the executive director of the Punjab Institute of Mental Health in Lahore. The court explicitly ordered that the brothers' medical treatment must not be discontinued, ensuring that their transition from prison to society includes necessary psychiatric support for their chronic condition.

7Islamic Principles and Mercy

The concurring note by Justice Ahmad referenced Islamic principles regarding legal capacity and individual responsibility. He argued that true justice requires a balance between strict legal accountability and humanity. By recognizing the lack of mental capacity, the court exercised mercy, aligning its final judgment with the broader interpretations of legal responsibility.

8Impact of the Verdict

This ruling marks the conclusion of a twenty-year legal battle that highlights the intersection of religious law and mental health jurisprudence in Pakistan. By prioritizing specialized psychiatric evidence over older, less comprehensive assessments, the Supreme Court has set a significant precedent for how the judiciary handles defendants suffering from severe, episodic mental illnesses.

Original article: Dawn — Pakistan Supreme Court Acquits Siblings in Long-Standing Blasphemy Case