Hindu Persecution In Pakistan: School Principal Notan Lal Cleared Of Blasphemy Charges, Five Years After He Was Jailed And Mobs Indulged In Anti-Hindu Violence

In yet another manifestation of how Pakistan's ‘blasphemy’ laws — laws penalising criticism of Islam and its founder — are repeatedly used for persecuting religious minorities, a Hindu man has been found not guilty of blasphemy, after spending five years in jail amid death threats.

The man, named Notan Lal, is a resident of Sindh province in Pakistan and belongs to the Hindu community, which makes up less than 2 per cent of Pakistan’s nearly 23 crore population.

Last year, a district court sentenced Notan Lal to 25 years of imprisonment for the alleged offence. However, this week, the Sindh high court cleared Notan Lal of the charges while observing that men made witnesses of the said offence were inconsistent in their statements.

Readers may note that lower courts in Pakistan often give in to social pressure while delivering their verdict.

While the Hindu community and its leaders have welcomed the high court verdict, they have expressed concerns over safety of Notan Lal as Pakistan has had a long tradition of mobs lynching those accused of blasphemy, in the name of upholding the honour of their Islamic religion.

What Happened

— In September 2019, a boy named Mohammed Ihtisham, studying at a school in Sindh’s Ghotki district made a video and circulated on social media that Notan Lal, who was the school owner and principal, had passed derogatory remarks against Prophet Mohammed.

— The student said in the video that he told several teachers about the blasphemous act by Notan Lal but was asked to keep quiet. He said he then revealed the incident to his family.

— As word spread in the area, a mob descended at the A-Section police station in Ghotki, near which the school was located. They demanded a case be lodged.

— A mob also attacked the school and vandalisee the property, demanding that Notan Lal be handed over to them.

— A mob also attacked the Sacho Satram Mandir located in Ghotki and additionally looted several shops located in Jilani Market.

— By evening, a first information report against Notan Lal was lodged at the police station on the complaint of Ihtisham’s father Abdul Aziz Rajput. The complaint said that Notan Lal entered the classroom during a lecture and openly made blasphemous remarks. The police booked Notan Lal under Section 295C of the Pakistan Penal Code that pertains to "derogatory remarks in respect of the Holy Prophet (PBUH)" and is punishable by death.

— Notan Lal was promptly arrested. The school he was running was closed in the coming days and eventually handed over to another owner.

Local media reported that the main protest against Notan Lal was by Mian Aslam, elder brother of Islamic cleric Mian Mithoo, who is notorious for forced conversions of Hindus in Sindh and has been a member of the National Assembly. While mobs roamed in Hindu colonies, residents told their children to stay confined inside the homes and not make a noise. 

How The Case Proceeded:

— In February 2022, the sessions court in Sukkur sentenced Notan Lal to 25 years of imprisonment and a fine of Rs 50,000. Various Hindu organisations demanded reinvestigation into the case. 

— The family of Notan Lal challenged the verdict in Sindh high court, which reportedly triggered another bout of anti-Hindu violence. A mob attacked a temple named Sherawali Mata temple in Aror town near Rohri city of Sukkur.

— On 1 March 2024, a single bench of Sindh high court at Sukkur, headed by Justice Mohammad Iqbal Kalhoro, gave the verdict in the case. He held that Notan Lal not guilty of the alleged offence 

Observations By The Judge:

— The FIR had made no mention of the witnesses.

— The FIR had given no precise details about the actual words allegedly spoken by Notan Lal.

— While such cases are to be probed only by an SSP-rank officer, there was an unauthorised intrusion in investigation by a sub-inspector of police.

— Only two among 11 people later named as witnesses to the blasphemous remarks appeared for their testimony. The reason for other people not being produced was not revealed by the prosecution.

— The witnesses were inconsistent in their testimonies and there were anomalies, contradictions and discrepancies in their statement related to the blasphemous words allegedly spoken.

What Next For Notan Lal

Notan Lal has been released from jail, but his family fears for his safety. Sukh Dev Hemnani, a board member of the Sindh Human Rights Commission, told the media after his release that the agency was trying to arrange security for Notan Lal and his family and there was danger to his life.

History Of Blasphemy Laws In Pakistan

In 1860, the British Penal Code was introduced in the Indian subcontinent. Muslims throwing cow meat in Hindu temples and Hindus retaliating by throwing pig meat in mosques, was increasingly becoming common and thus Section 295, which criminalised defilement of places of worship, was introduced.

— Section 298 criminalised speech to offend religious sensibilities.

— In the 1920s, an incident triggered the addition of 295-A to these religious insult laws. In response to Muslim groups bringing out derogatory pamphlets against Hindu deities, Arya Samaji Mahashay Rajpal brought out a book named Rangila Rasool that was a satirical take on the life of Islam’s founder Mohammad.

— Muslim mobs rioted in the streets and demanded he be arrested and tried. Rajpal however was acquitted as the prevailing laws dealt with only religious places and speech. The British went on to enact 295-A to criminalise deliberate attempts to offend religious sentiments. In 1929, a young fanatic named Ilm-ud-Din stabbed Rajpal to death.

The Indian Penal Code continues to have 295-A but there has been no addition to religious insult laws. Pakistan, on the other hand, has added several more sections to them.

— In 1970s, Section 298-A which criminalises insult of companions of Mohammad was introduced.

— Pakistan laws declared Ahmadis as non-Muslims at that time, and 298-B and 298-C were added to criminalise the use of titles reserved for Mohammad (for instance, use of the word Prophet and its Arabic counterparts) and an Ahmadi calling oneself a Muslim, respectively.

— 295-B was added to criminalise defiling of Quran. 

— Then, 295-C was added to criminalise insult of Mohammad. After a few years of its introduction, 295-C began was made punishable by death.

As per media reports, more than 4,000 cases have been filed in Pakistan under its various blasphemy laws since 1985, and since 1992, at least 52 people facing blasphemy charges have been extra-judicially killed by vigilantes. By various estimates, religious minorities are disproportionately targeted.