SC dismisses review plea against Malik Ishaq’s bail

Published: November 11, 2011

Ishaq was granted and released on bail on July 11, 2011 after having spent 14 years in jail since 1997.

LAHORE: The Supreme Court (SC), on Friday, dismissed a review petition against bail granted to Malik Ishaq, former head of banned organisation, Lashkar-i-Jhangvi, accused of plotting the attack on the Sri Lankan cricket team in 2009.

A two-member bench of the SC comprising Justice Tasadduq Hussain Jilani and Justice Asif Saeed Khosa held proceedings at the SC’s Lahore registry on a petition filed by the Punjab government against the bail granted to Ishaq on July 11, 2011 after spending 14 years in jail since 1997.

(Read: Court releases terror kingpin, alleged killer of 70)

The bench held that that bail had been granted to the accused on merit and could not be withdrawn. Friday was the first date of hearing of the petition and it was dismissed without even a notice being issued to the respondent.

The Punjab government, through the Prosecution Department, submitted that the SC while granting bail to Ishaq had observed that ‘there is no admissible legal evidence’ which proved his involvement in the attack. It said this observation of the SC would influence the trial against the accused. It prayed that the court rectify its observation, the appropriate way for which was to cancel his bail. However the court, dismissed the petition and observed that the SC observations would not influence the trial court.

The SC had accepted Ishaq’s bail petition after it was rejected by Lahore High Court. He is accused of plotting the attack on the Sri Lankan cricket team while he was in prison. Malik has so far been accused of 44 murders. He has been acquitted of the charges in 34 cases while bail has been granted in the remaining 10 cases.

Published in The Express Tribune, November 12th, 2011.

Reader Comments (31)

  • Fortune Cookie
    Nov 11, 2011 - 7:37PM

    Send him into JAIL and throw the keys away!!!!!Recommend

  • Mirza
    Nov 11, 2011 - 7:49PM

    Thank you “independent judiciary” for once again cementing mullah/military and judiciary alliance! It would be interesting to know Imran Khan’s reaction on this one!

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  • "islam zindabad"
    Nov 11, 2011 - 7:56PM

    @Mirza:

    Imran is silent here …

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  • a
    Nov 11, 2011 - 7:58PM

    70 murder cases against a single person and he is set free is this why we struggled for free judiciary

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  • Acorn Guts
    Nov 11, 2011 - 8:05PM

    This decision might not influence Ishaq’s trial in view of SC but one must consider the boost it will give to Ishaq’s stance in the eyes of his followers and the opinion of general public.

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  • Faction
    Nov 11, 2011 - 8:08PM

    Your society is a lawless jungle where only the most brutal and ruthless ultimately survive. The veneer of civilization is a joke in Pakistan.

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  • "islam zindabad"
    Nov 11, 2011 - 8:15PM

    @a:

    “independent judiciary” Simple

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  • Jawad U Rahman
    Nov 11, 2011 - 8:29PM

    We need the wisdom of Baighairat Brigade/Aaloo Anday to prevail – or there is no hope for Pakistan. This is the exact sad situation they so aptly refer to in their brilliant lyrics – that murderers are garlanded, and true intellectual heroes of the nation are ignored. I hope sanity returns to our motherland.

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  • Adnan
    Nov 11, 2011 - 9:02PM

    If this is the “Independent Judiciary” then what can we say except Long Live Judiciary and Long Live the Prosecution of Punjab Government. This is an evil alliance of PML (N) with the Mulla’s and the Banned outfits.

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  • Shahid Malik
    Nov 11, 2011 - 9:57PM

    Judges cannot dare to go against strong people. Life is dear. They can always blame the Prosecution for not presenting a strong case.Recommend

  • Mohammad Assad
    Nov 11, 2011 - 10:41PM

    Dont blame the judiciary. It is the responsibility of the prosecution to gather evidence and build a strong case. Then it is the responsibility of the law makers in parliament to amend laws to fix legal loopholes.

    Unnecessary pointing fingers at Imran Khan and sullying the reputation of the judges serves no purpose. Perhaps certain people should go and read up on how the 3 pillars of the State work.

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  • A J Khan
    Nov 11, 2011 - 10:47PM

    It is not a bail, but a licence to kill..

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  • Ali
    Nov 11, 2011 - 10:50PM

    After granting bail to LeJ Chief who is involved in murder of 70 people, Who’s bail petition rejected by Lahore High Court earlier. Inspite of that Supreme Court granted him bail.
    Now we come to this conclusion that our judicial laws are indirectly involved in fostering terrorism in pakistan. We need a person like Musharraf who should abolish the all laws of judiciary and bring amendments in laws.
    We don’t need such judiciary who support Terrorism by granting bail to such people. Recommend

  • R S JOHAR
    Nov 11, 2011 - 11:02PM

    Intelligence agencies of Pakistan can eliminate him in no time if they want to and thats the only way since judiciary fears the jihadis.

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  • zaidan ali
    Nov 11, 2011 - 11:13PM

    Can anyone tell me the role of SC?
    What is the role of supreme court in eliminating terrorism from country?
    What SC has done so far for the this country?
    After granting bail to Chief of banned outfit who is invovled in murdering 70 people and
    other cases…is enough to understand the role of Judiciary in Pakistan.

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  • Parvez
    Nov 11, 2011 - 11:28PM

    Fear has no boundries.

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  • Farooq
    Nov 11, 2011 - 11:42PM

    @a agree with you 100%. Is this what we struggled for? If judges are scared then they should ask the government to put them behind a veil but come on already.

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  • justice to be done
    Nov 12, 2011 - 12:13AM

    Imran is silent because the second most displayed flags in all his gatherings including the big were of sipah e sahaba. Our political leadrers can do anything to get on board including giving shelter and support to killers and terrorists. For some they are strategical assets :(

    Recommend

  • Nov 12, 2011 - 12:17AM

    Be glad at least there was one Pakistani judge who stood up against Mumtaz Qadri and his lunatic extremist lawyers and their radical supporters.

    For some of their better rulings,such as granting hijras rights or opening cases on missing persons in Baluchistan, the Pakistan judiciary always seems to then undo and outdo them with major consequence negatives.

    Such as letting J-u-D off the hook with their connection to L-e-T. Militants are more than happy to use and appear at militant friendly courts to threaten their witnesses in open court without being held in contempt by a judge. Or setting Mukhtar Mai’s gang rapists loose exposing their justices misogyny and signalling to every serial and gang rapist in Pakistan that they can get away with raping women.

    They cannot handle militant and terrorism cases (and special anti-rape laws, units and courts, considering the growing rape crisis in Pakistan). Military courts is the way to go, which is somewhat ironic as these monsters were partner to the military nexus at one time.

    Recommend

  • asim
    Nov 12, 2011 - 12:18AM

    he got the bail because there was no admissible evidence..! courts cannot punish people just on the basis of accusations and public sentiments…. they need proper evidence according to law..if the government or the prosecution has a problem with that they should get the law changed instead pointing fingers at the courts!…

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  • Zeeshan
    Nov 12, 2011 - 12:42AM

    long live supreme court and tyranny!

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  • Aftab Kenneth Wilson
    Nov 12, 2011 - 12:45AM

    I think the government of Pakistan should Import judges from Saudi Arabia and Iran to try terror suspects. Ours are too much politicized and commercialized.

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  • Reality
    Nov 12, 2011 - 1:24AM

    hang him….these a toxics to pakistani society…

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  • Shan
    Nov 12, 2011 - 1:32AM

    I think the judge’s decision makes complete sense. since the accused has already completed his term for the crimes THAT WERE PROVED by the evidence and the case that prosecution (Punjab govt) had built against him.
    I’m not a fan of LeJ or any other maniac militant outfit, but the spirit of law and its supremacy must be upheld no matter what. It is what an independent judiciary is for. Judges are not supposed to make decisions on public perceptions or suspicions, the judge has to decide the case on the basis of the arguments put forward by both the defendant and prosecution and the evidence present.
    Many of the problems in our society, including this militancy etc have been born when emotions and feelings rule supreme not the law.

    Recommend

  • Sirat-ul-mustaqeem
    Nov 12, 2011 - 1:45AM

    Malik Ishaq thanks for openly saying what every one else can not say in the shia pro society of Pakistan. I salute you for your struggle.

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  • anonymous
    Nov 12, 2011 - 2:35AM

    jiyo malik!

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  • Raj - USA
    Nov 12, 2011 - 2:43AM

    No Sasural and no Ghendha Phool, only rose malas. Long live Black Sheeps. Oops, sorry, meant to say Black Coats.

    Recommend

  • hamid
    Nov 12, 2011 - 2:55AM

    They already have captured the terrorist who actually was involved in the shooting, they should interrogate him for people behind the plot.

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  • Bilal
    Nov 12, 2011 - 4:33AM

    That is why it is futile to put these terrorists in jail, they always find a way out & kill innocent people.

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  • realize
    Nov 12, 2011 - 5:11AM

    Of course, there isn’t sufficient evidence against the likes of malik and anjum aqueel. Sufficient evidence is always against bhuttos, zardaris, mengals, achakzais, and hashmis.

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  • ALTAF
    Nov 12, 2011 - 9:15AM

    Different people have attacked judiciary for granting bail to Mailk Isaq but the question arises that when the evidence against the accused is week, it is not the fault of Judiciary but it is the Executive/Police which has to establish the case aganist the accused beyound any reasonable doubt. Criticizing the SC for the sake of criticism is not fair.

    Recommend

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