Gang-rape victim seeks justice from the Supreme Court

The apex court has taken suo moto notice of the four appeals filed by Mukhtar Mai.

ISLAMABAD: Mukhtar Mai’s case, which was pending before the Supreme Court since 2005, has been resurrected with her counsel, Aitzaz Ahsan, taking the stance that the prosecution witnesses were purportedly discredited by being confronted with earlier statements that they had disowned.

The Supreme Court has taken suo moto notice of the four appeals filed by Mukhtar Mai and the state against the convicts’ acquittal. The statements given by the prosecution witnesses were not taken at face value and were confronted with earlier statements while the scribe, who had recorded the statements, had not appeared before the court.

The three-member bench presided by Justice Mian Shakirullah Jan conducted the proceedings of the case. The defendants have also filed an application for the acquittal of the convict who has been awarded life imprisonment by the Lahore High Court.

Mukhtar Mai was represented by Aitzaz Ahsan, Gohar Ali Khan and Malik Muhammad Sabir while Malik Muhammad Saleem represented the defendants of the Mastoi tribe.

Barrister Ahsan informed the Court that the complainants’ thumb impressions were taken on blank paper during the investigation of the case in 2002 or after that due to which their statements were not admissible for evidence.

“The statement recorded by the then SP, Mirza Abbas Ahmad, appointed by the IG Punjab to investigate Mukhtar Mai’s case in a fact finding inquiry, violate section 161 of the Code of Criminal Procedure (CrPC),” he argued.

According to the legislation, a witness may be cross-examined on previous statements made by him or her in writing or which are recorded in writing and are relevant to the matter in question.

“Can you explain why the statements recorded by the said SP could not be confronted?” Justice Saqib Nisar enquired of the defendants’ counsel.

The counsel argued that the benefit of section 145 of the Qanoon Shahadat could not be availed by the 14 accused in the case, six of whom, were convicted at that time. Barrister Ahsan maintained that the anti-terrorism court did have the jurisdiction to try a gang-rape case considering the circumstances.

Published in The Express Tribune, January 4^th, 2011.