Case details: ‘Fakhra’s case cannot be reopened’

Published: March 26, 2012

Fakhra Yunus and Tehmina Durrani. PHOTO: GUIDO HARARI

KARACHI: 

Law experts say Fakhra Younus’ acid attack case can no longer be reopened.

An appeal against an acquittal can be filed in a high court within 90 days of the judgment. Since the government did not file any appeal against the acquittal of accused former MPA Bilal Khar, the case cannot be reopened now.

However, lawyers say that since the accused may be the reason for Fakhra’s suicide, a case can be registered on charges of attempted murder.

A case against former MPA Bilal Khar was registered on the complaint of Shahida Malik on May 14, 2000 for attempted murder.  However, the discrepancies between statements of witnesses allowed the accused to file successful applications of bail and acquittal.

Published in The Express Tribune, March 26th, 2012.

Reader Comments (43)

  • Billoo Bhaya
    Mar 26, 2012 - 10:03AM

    When a miss-carriage of justice takes place, it is the Government’s responsibility to make sure it does not. Any number of charges can be conjured up, from income tax evasion to torture of women leading to murder, to make sure that This Evil Man is put at the end of the rope. Its BS to state that nothing can be done. Otherwise, a Mullah should give a Fatwa placing a bounty on his head. There will be many takers.

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  • SAK
    Mar 26, 2012 - 10:10AM

    Where is the Sou Moto notice of CJP?

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  • Dee
    Mar 26, 2012 - 10:36AM

    Also, I was thinking yesterday that since Fakhra isn’t no more… even if the case was open, Bilal Khar would have easily gotten out of it. Tehmina would have been blamed for using Fakhra to take revenge from Mustafa Khar and Fakhra’s own family would have been accused of exploiting the situation for money.

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  • Dee
    Mar 26, 2012 - 10:37AM

    So what is her little boy going to become in this unjust society? Wouldn’t be a surprise if God forbid he is an outlaw.

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  • Kanwal
    Mar 26, 2012 - 11:00AM

    Will the Chief Justice take notice?

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  • MAD
    Mar 26, 2012 - 11:13AM

    So its done than. A criminal may have gotten away scott free thanks to threats and corruption and inefficiency of the judicial/ legal systems.

    BTW if any wrongdoing in the trial case can be proved than i believe not only can the case be reopened but other charges can also be brought against the culprit. I dont think a murder/ attempted murder charge will hold up in court since Bilal Khar stands acquitted of the acid attack.

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  • Observant
    Mar 26, 2012 - 11:16AM

    What a dilemma!

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  • Citizen
    Mar 26, 2012 - 11:22AM

    sighs :(( . Any word of hope by Govt now ?

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  • biryani
    Mar 26, 2012 - 11:33AM

    i wish same volume can be raised for sisters like dr. afia…………

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  • Khalid
    Mar 26, 2012 - 12:05PM

    The Chief Justice, The Chief of Army Staff, Chief of the State Chief Minister all chiefs in our country why you are silent? Why the girls the daughters have been suffered, why they are in prison? Is any one in you are take bold step to save them?

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  • Mar 26, 2012 - 12:10PM

    Vienna,March 26,2012
    My salute to Tehmina Durani,who helped the girl.Tehmina herself
    had been victimised by a notorious politician governor to say in
    less unpleasant manner.How does the litigation help the dead
    and gone.How can we help an intermediate life as Mahayana
    Buddhists believe. All we can do is to take care of new borns
    never let them suffer the same fate.
    Taravadu Taranga Trust for Media Monitoring TTTMM India
    –Kulamarva Balakrishna

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  • Amal
    Mar 26, 2012 - 12:15PM

    Justice delayed is justice denied….

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  • Mar 26, 2012 - 12:28PM

    Then why Swiss case against Zardari to be re-opened? This being Pakistan, evil always win over truth and honesty.

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  • Badar
    Mar 26, 2012 - 12:35PM

    I look at her and I cry :(

    REST IN PEACE

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  • IsmailTara
    Mar 26, 2012 - 12:41PM

    Now who would be foolish enough to go up against Bilal Khar.

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  • yaz
    Mar 26, 2012 - 12:42PM

    If this is the case then the law should be amended. A crime of this heinous nature should not have any time limit. Since this case has got so much attention, it is an ideal time to give this Bilal guy an exemplary punishment for others who may be thinking of doing the same.

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  • Uza Syed
    Mar 26, 2012 - 12:43PM

    @Billoo Bhaya:
    Of course, you are right. This “Evil Man” must not be allowed to go free. He must be taken back to courts and let himself prove innocent. If the judicial system can’t do anything and if all those champions of justice like Imran Khan and Nawaz Sharif and PPP lot are not forced to take a public position on this blatant victimization of women here, then it’s time that women of Pakistan must themselves take this issue as seriously as it is and all the men here in Pakistan must support them. This will force the system to act and dispense justice and save this Khar the “feudal lord” and son of another “feudal lord” Khar from public lynching. Sparing this “evil” would put us all, the whole society, in the same category of “Evil” society consisting of evil people.

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  • PARDESI
    Mar 26, 2012 - 12:45PM

    Justice is only served in Pakistan on people who do not have power. Khar family is very powerfull so just forget about it. The government, the police or the courts are not going to act on this. Wheras Khar family will continue to prosper because the politcal parties will keep them giving the tickets to stand as their candidates.

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  • ishrat salim
    Mar 26, 2012 - 12:46PM

    Billoo Bhaya…u r right…take Khar jr down…justice must be served.Recommend

  • pointofview
    Mar 26, 2012 - 12:56PM

    Why just not murder/rape/torture/ acid attack all forms of female life once and for all and get over and done with?! Not only Pakistan but the entire sub-continent thinks it’s their given right to use and abuse women. Man and woman were created to coexist together and not singly!!!

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  • MAD
    Mar 26, 2012 - 12:58PM

    @Dee: Dont worry, i think all he is going to become is an Italian

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  • fact
    Mar 26, 2012 - 1:06PM

    This is Pakistan where justice is never served and killers are living free lives.

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  • Ravish
    Mar 26, 2012 - 1:11PM

    Pakistan Zindabad, anyone?

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  • Mar 26, 2012 - 1:21PM

    @SAK:
    lower courts already gave verdict on this cases and non of the relatives of victim or even victim itself approached to SC for last 13 years, keep that in mind too

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  • sashayub
    Mar 26, 2012 - 1:31PM

    @SAK:
    CJP is too busy trying to please his other bosses

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  • MarkH
    Mar 26, 2012 - 1:43PM

    They’re right, but since the concept of such a call originates from intended neutrality of a court when they were let go due to lack of neutrality doesn’t exactly mean “right” is… Well, right. They’ll stand by it though. They have both written law and their treasured convenience by their side.

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  • Lt Col Imtiaz Alam(retd)
    Mar 26, 2012 - 2:07PM

    The Government of the day responsible for not filing an Appeal. In any case where was Asma Gilani and her cohorts in HR who claim to be the torch bearers of Justice.

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  • Spaniard
    Mar 26, 2012 - 2:15PM

    If you want to live in Pakistan…then burn all these big and power full fises..otherwise kept crying…

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  • Mar 26, 2012 - 2:41PM

    The CJ could have taken noyice back in 2000 not now, the law is clear 90 days and end of story..

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  • Parvez
    Mar 26, 2012 - 2:52PM

    As per my understanding Bilal Khar can not be tried for the same crime twice.
    What irks someone like me is when he sees our superior justices enjoy the trappings of pomp and comfort derived from the people’s taxes and when justice is not seen to have been done and wrong doers blatantly roam free on the excuse that the prosecution failed to put up a credible case, then hard questions need to be asked of and by the government.
    The media has an important and responsible role to play in matters such as this.

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  • faraz
    Mar 26, 2012 - 3:29PM

    Justice shall be served by Allah on the day of judgement! May her soul rest in peace and her sin of committing suicide be forgiven.Recommend

  • Mar 26, 2012 - 3:29PM

    Fakhira’s case is the one highlighted through media, but what about scores of cases of various forms of abuse against a vast majority of rural women? However justice must be served in her case.

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  • some one
    Mar 26, 2012 - 3:37PM

    very very sad. In this country certain people are above the law. They get away scotfree even after perpetrating the worst crimes on humanity. Recommend

  • dv sikka
    Mar 26, 2012 - 4:25PM

    The new motto of the legal system ‘ WE PROTEDT THE GUILTY’.

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  • Israr
    Mar 26, 2012 - 4:48PM

    This is Pakistan, those are talk about justice are tortured. The assailants and perpetrators are enjoying the lavishing life in Parliament and in President house.Recommend

  • Ch Allah Daad
    Mar 26, 2012 - 5:42PM

    You pay good money to a lawyer, he will find out that as per section number ?, sub section ?’ clause ? sub clause ? it can be opened. 99.99 percent lawyers are liers.

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  • Mubashir
    Mar 26, 2012 - 8:21PM

    If Bilal did not do it then who did it and why? Is this now a cold case. The police stopped looking for the real attacker?

    How can you do this to a human being and live on? What if it is done to you or one of yours?

    Upset and saddened by this and all similar incidents.

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  • Hafiz Shah Ali
    Mar 26, 2012 - 8:46PM

    Sad infact very sad

    BUT in law there is protection against double jeopardy.

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  • malikimran
    Mar 26, 2012 - 9:32PM

    though double jeopardy not allowed by 1973 constitution as well as crpc ,i think everybody know how police hold investigations specialy when somebody feeds them with money(with political power in this case) so how we can get justice?
    where is suo moto?where is khadim e ala?exactly nobody is there because its their personal matter ha ha. .
    my dears its another evidence that justice is not for poors i.e 80% of population.

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  • nasruminallah
    Mar 26, 2012 - 11:08PM

    fakhar case cannot be reopened accused bilal was acquitted on the bases of compromise U/S 342(2) CR.P.C, even appeal cannot be file.Fakhara was ent to Italy o the bases of Itali visa.

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  • Mar 27, 2012 - 10:47AM

    Dr.Aafia is only the daughter of Pakistan, not other women.

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  • ishrat salim
    Mar 27, 2012 - 2:30PM

    When CJ takes suo moto notice…he is blamed..if not, people ask look him…why ? what is parliment doing ?..it is supreme ..is not it ? according to PM…this is a subject which shud be taken up by all MNAs & Senators in both the house & not CJ.Recommend

  • Tony C.
    Apr 2, 2012 - 5:23AM

    Under Pakistan law it appears to be a simple case of heads he wins, tails she loses. One could write a 10,000 word dissertation on this particular acid throwing case, but my opening sentence says it all.

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