Wrongful executions: Payout urged for heirs of brothers
Lawyer also seeks action against negligent officials
Lawyer also seeks action against negligent officials. PHOTO: EXPRESS
ISLAMABAD:
Lawyer of the two brothers, who were wrongfully executed in southern Punjab last year, has approached the Supreme Court, urging it to initiate legal action against public servants responsible for the illegal act, besides urging it to award compensation to the heirs of the deceased.
On October 6, while hearing seven-year-old jail petitions, a three-judge bench of the Supreme Court, headed by Justice Asif Saeed Khan Khosa, acquitted both brothers – Ghulam Qadir and Ghulam Sarwar. They had been condemned to death on charges of killing Abdul Qadir, Muhammad Akmal and Salma Bibi on February 2, 2002 in Rahimyar Khan district.
However, things took a dramatic turn when it transpired that the two brothers had been executed on October 12 last year.
After examining the entire record, the apex court issued an 11-page judgment, in which it set aside the judgments under which they were awarded death sentences.
On Monday, Aftab Ahmad Khan, the counsel for the two brothers on Monday filed a miscellaneous application in the apex court, in which he urged the court to award heavy compensation to the legal heirs of the deceased.
He named secretary interior, home secretary, additional sessions judge Sadiqabad, superintendent district jail Rahim Yar Khan and superintendent district jail Bahawalpur as respondents.
Terming the case unique and unprecedented, the counsel urged the court to take suo motu action and launch a probe into this matter.
The application states that the sessions judge, home secretary and interior secretary failed to discharge their duties mandated under Article 190 of the Constitution, adding that despite the knowledge of the pendency of the appeal, it is highly unprecedented and deplorable that both brothers were executed.
Citing Article 9 of the Constitution, he said that right to life was a basic right which cannot be taken away without due process.
The application stated that the law did not bar “this court … to take deterrent action against officials (concerned) and award (them) exemplary punishment”.
The wrongful executions of the two brothers exposed serious flaws in Pakistan’s criminal justice system, igniting a fierce debate whether or not to abolish the death penalty in the country.
Possible complicity of prison and judicial authorities in Punjab cannot be ruled out in this regard.
The provincial home department has already sought legal opinion from the advocate-general’s office on the matter.
Published in The Express Tribune, October 25th, 2016.
Lawyer of the two brothers, who were wrongfully executed in southern Punjab last year, has approached the Supreme Court, urging it to initiate legal action against public servants responsible for the illegal act, besides urging it to award compensation to the heirs of the deceased.
On October 6, while hearing seven-year-old jail petitions, a three-judge bench of the Supreme Court, headed by Justice Asif Saeed Khan Khosa, acquitted both brothers – Ghulam Qadir and Ghulam Sarwar. They had been condemned to death on charges of killing Abdul Qadir, Muhammad Akmal and Salma Bibi on February 2, 2002 in Rahimyar Khan district.
However, things took a dramatic turn when it transpired that the two brothers had been executed on October 12 last year.
After examining the entire record, the apex court issued an 11-page judgment, in which it set aside the judgments under which they were awarded death sentences.
On Monday, Aftab Ahmad Khan, the counsel for the two brothers on Monday filed a miscellaneous application in the apex court, in which he urged the court to award heavy compensation to the legal heirs of the deceased.
He named secretary interior, home secretary, additional sessions judge Sadiqabad, superintendent district jail Rahim Yar Khan and superintendent district jail Bahawalpur as respondents.
Terming the case unique and unprecedented, the counsel urged the court to take suo motu action and launch a probe into this matter.
The application states that the sessions judge, home secretary and interior secretary failed to discharge their duties mandated under Article 190 of the Constitution, adding that despite the knowledge of the pendency of the appeal, it is highly unprecedented and deplorable that both brothers were executed.
Citing Article 9 of the Constitution, he said that right to life was a basic right which cannot be taken away without due process.
The application stated that the law did not bar “this court … to take deterrent action against officials (concerned) and award (them) exemplary punishment”.
The wrongful executions of the two brothers exposed serious flaws in Pakistan’s criminal justice system, igniting a fierce debate whether or not to abolish the death penalty in the country.
Possible complicity of prison and judicial authorities in Punjab cannot be ruled out in this regard.
The provincial home department has already sought legal opinion from the advocate-general’s office on the matter.
Published in The Express Tribune, October 25th, 2016.