Activists demand acquittal for mentally unstable prisoner on death row
Anwar Kenneth has been languishing in jail for over two decades under charges of blasphemy.
January 17, 2025
By Xari Jalil
LAHORE
Human rights defenders are showing serious concern over the prolonged imprisonment of a mentally unstable Christian man, Anwar Kenneth, a former official of the fisheries department, who has been languishing on death row for over 23 years following his conviction under blasphemy accusations.
Despite his fragile mental health, Kenneth has been kept in confinement with his legs bracelet-chained, pointing to grave issues concerning injustice and human dignity. Activists have urged the authorities to ensure that he receives immediate and adequate psychiatric treatment as
recommended by the medical board, and to expedite the legal proceedings of his appeal pending before the Supreme Court, ensuring a fair and just resolution to his case.
THE CASE
In 2001, Anwar Kenneth, was accused of sending objectionable letters containing alleged derogatory remarks to various religious scholars, ambassadors, and heads of state. An FIR (No. 251/2001) was lodged at the Gawalmandi Police Station, Lahore, which led to his arrest and subsequent trial under Section 295-C of the Pakistan Penal Code.
According to the information, Kenneth, a former officer in the Government’s Fisheries Department, was arrested by Gawalmandi police officer Zafarullah on June 15th, 2001, while distributing a pamphlet (Gospel of Jesus). Kenneth reportedly made a statement before the court that he had done nothing wrong. He also sent a copy of his letter to the Gawalmandi police after which the FIR was lodged against him. A case of blasphemy was subsequently registered against Mr. Kenneth that resulted in the court issuing a death sentence and a fine of 500,000 rupees against him by the Additional Sessions Court in Lahore on July 18th, 2002.
Sources who knew Kenneth at the time of the arrest had reportedly claimed that there were serious doubts about his mental health: he had called himself a prophet, and claimed to receive revelations from God, and that he declined to appeal the decision because he claims he will not die even if thrown into the fire.
Bishop Samuel Azariah, Bishop of the Roman Catholic Church of Pakistan, claimed to know Kenneth personally, and had stated at the time, that he believed he needed medical treatment. Other sources including social workers have also stated that Kenneth had a history of psychiatric problems.
Following the verdict, he was sent to prison, where he has remained ever since. In 2014, a two-member bench of the Lahore High Court upheld the trial court’s verdict.
Throughout the legal proceedings, Anwar Kenneth consistently refused legal assistance, claiming that “God was his counsel.” Consequently, the case progressed without a proper defense, further complicating his right to a fair trial. Despite multiple attempts to appoint state lawyers, five different legal counsels recused themselves from representing him, citing the sensitivity of the case.
LEGAL REPRESENTATION ORDERED
More recently, on 24 January 2023, the Supreme Court took up the application, and acknowledged the procedural challenges in the case, directing the Pakistan Bar Council (PBC) to arrange legal representation for Kenneth.
The three-judge bench of the apex court led by Justice Sayyed Mazahar Ali Akbar Naqvi and comprising Justice Jamal Khan Mandokhail and Justice Athar Minallah who took up the petition. The order stated that at the very outset, it had been stated by advocate Arshad Ali Chaudhry that he had been appointed at state expense to represent the appellant but later he did not want to appear in this case.
The bench noted that the appellant in this case was sentenced to death, therefore, without the assistance of a counsel, the matter could not proceed forward.
“In this view of the matter, it seems appropriate and in the fitness of things to forward the matter to the Pakistan Bar Council to provide a counsel from amongst the list of Legal Aid Committee to represent the appellant before us in the interest of safe dispensation of criminal justice,” the order read. The court also asked the PBC to come up with a counsel after four weeks.
One state counsel, who read the case file, stated that there were admitted facts against the convict. He, however, doubted his mental health.
In March 2024, following representation by a court-appointed lawyer, the Supreme Court sought the opinion of religious institutions on the case.
In December 2024, Anwar Kenneth was transferred from Faisalabad Central Jail to Lahore Central Jail, where he underwent a psychiatric evaluation at the Punjab Institute of Mental Health (PIMH), Lahore. A medical board recently declared that Anwar Kenneth was suffering from Bipolar Affective Disorder, currently Hypomanic and recommended his admission to PIMH for treatment.
“Anwar Kenneth’s case highlights a pressing concern regarding the treatment of individuals with mental illness within the criminal justice system, particularly in cases involving blasphemy accusations” said Joseph Jansen, Chairperson at Voice for Justice. “His long-standing imprisonment under deeply questionable circumstances without proper medical care raises serious ethical and legal questions about the State’s responsibility toward vulnerable prisoners.”
Jansen added that the unfair investigation and trial coupled with inhumane conditions of prisoners underscored the urgent need for reforms to Pakistan’s blasphemy laws, which have long been criticized for their misuse and the disproportionate targeting of religious minorities, persons with disabilities (PWDs), and suppressing dissent and religious expression. He stressed
that it is the legal obligation of the state to ensure that justice is served with fairness, compassion, and adherence to human dignity.
Another human rights defender, Aneel Edgar said that, blasphemy laws did not consider the principles of legality and the presumption of innocence, to ascertain the intention of the accused persons as observed in the case of Anwar Kenneth who was mentally unfit to stand trial. He demanded that the supreme court should hear Kenneth’s case on an urgent basis and drop all charges against him on account of his psychosocial disability and health condition.
Another activist Anosh Jerry said that the government needed to introduce reforms to put in place adequate and effective procedural and institutional safeguards at the investigative, prosecutorial and judicial levels including, serious action to safeguard human rights ensuring that no one faces persecution and a death sentence for their opinions or beliefs, and adopt a more humane approach toward prisoners suffering from mental disorders, ensuring their rights to fair trial, medical care, and dignity are upheld.
