Pakistan

Mai will appeal against SC decision

Mukhtaran Mai says she will challenge the Supreme Court decision to dismiss her appeal.

Afp April 25, 2011

MEERWALA:

Rape victim Mukhtaran Mai said on Sunday that she would challenge the Supreme Court decision to dismiss her appeal against the early release of five men convicted of abusing her.

“I have decided, after consulting my friends and family, to file a review petition in the Supreme Court,” 40-year-old Mai told AFP at her home in Meerwala, 120 kilometres south-west of Multan.

Mukhtaran Mai, now 40, was gang raped in June 2002 on the orders of a village Panchayat as a punishment after her 12-year-old brother was wrongly accused of having illicit relations with a woman from a rival clan.

The court last week dismissed Mai’s appeal against the acquittal of five men she accused of attacking her.

A local anti-terrorism court (ATC) had sentenced six accused men to death, but Lahore High Court acquitted five of them in March 2005, and commuted the sentence for the main accused, Abdul Khaliq, to life imprisonment.

The Supreme Court heard separate appeals and ordered the release of five of those arrested, upholding only the life sentence given to Khaliq.

Mai’s case garnered much attention in the West as an example of oppression suffered by Pakistan’s women.

Human Rights Watch on Friday called on Pakistan’s government to petition the court to review the case and asked authorities to protect Mai.

Published in The Express Tribune, April 25^th, 2011.

Correction: April 25

Due to an editing error, an earlier version of this article used 'he', instead of 'she' to refer to Mukhtaran Mai. The error has been corrected.

COMMENTS (19)

Pious Commander | 13 years ago | Reply There is no "Appeal" against a Supreme Court Judgement (not "verdict"). A review is on technical grounds, an error on the face of the record, not on merits nor on interpretation of law. As for the decision itself, the Court acted properly; if the prosecution has not made out its case, the Court cannot convict; that is why the LHC vacated the earlier convictions and why the SC has affirmed the same. Note that the main accused was in fact convicted, and has been sent down for life. It is the duty of the state to prove a persons guilt not for him to prove his innocence. I don't know what impact it will have on womens rights, but this Judgement in holding the State to the highest level of proof for even the most unpopular and villified of accused has advanced Human Rights far,.

Naveed Javed | 13 years ago | Reply Shame on the biased justice system!

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Zohaib | 13 years ago | Reply If the petitioner was either from Sharif or Nisar, the justice would have been provided within days.....Mukhtaran Mai... who???????????

Haytt | 13 years ago | Reply bogus justice system, is that not enough that ATC given the verdict of life sentences!! we all know that she has been gang raped , now see how our so called azad adeliah is acting!!

Khalid Rahim | 13 years ago | Reply All truth passes through three stages, first it is ridiculed, second it is violently opposed, third it is accepted as self-evident. This was stated by Schopenhauer, If you think this person is not correct then invite him to join an educational institution here from where our politician, judges and moderators graduate with their Honorable Degrees.

Sid | 13 years ago | Reply No one is above law and the honorable court forgot this saying since nine years of her struggle. Many many eye witness were there and court was unable to order the police to produce them. Re appeal is her RIGHT. Suo motto was taken in 2005 and still it took years to court to declare such unfair decision. I met the survivor in 2007 at Rahim Yar khan she is the simplest lady she don't like to talk much. We demand Good precedents and regarding rape survivors at least it is expected by courts. After this decision many other defense lawyers will take an advantage of this decision which is not welcome at any cost.

Khalid Rahim | 13 years ago | Reply @Fahad Hafeez: Sometimes back I tried to explain why the three Judges failed to protect the victim by saying that each judge had read three different books before coming to the court, such as the Rape of Sapien Women, Rape of Lucertia and Rape of Lock. The moderators thought I had said something against the norms of Islam and did not allow it. I am sure this too will not be allowed. What a way to experience freedom of expression in a stream full of empty reeds.

Muhammad Imran | 13 years ago | Reply @Fahad Hafeez: This appears to have been corrected :-(.

Asif Amin | 13 years ago | Reply It is better to concern and appeal again in Supreme Court. Hope Supreme Court would again issue inquiry order under superior court judge.

Nasir Nawaz Bhutta | 13 years ago | Reply @fahad: errors may be... but one should not object in such a way!

Nazir Habib | 13 years ago | Reply Mukhtaran Mai! We are your supporters. We will support you with our blood, sweat and tears. May ALLMIGHTY ALLAH give hidayat to the Chief Justice to find some way of reviewing the judgement and rectify and correct the loopholes in the law. Salams forever.

salim | 13 years ago | Reply @adnan: Agreed. Same judges after restoration but 'doodh kay duhlay huay'.

jhaz | 13 years ago | Reply SC need evidence, if she cant provide enough how SC can victimise any one....

adnan | 13 years ago | Reply the decision shows how filthy our court system is.thats the biggest fruit of restoration of AZAD ADLIA.

SJS | 13 years ago | Reply God help her and us too...

Fahad Hafeez | 13 years ago | Reply Guys, For the love of God don't put "He" for a lady/Mai on the home page of the an international newspaper. See the Picture text which is also appearing as summary in home page of your beloved Tribune "Mukhtaran Mai says he will challenge the.............."

Naveed Javed | 13 years ago | Reply The photo's caption says: Mukhtaran Mai says "he" will challenge the Supreme Court decision to dismiss her appeal. ET??? :)

Mirza | 13 years ago | Reply Yes the appeal is a good idea. There are fair chances that the same judges would bow down to the will and outrage of the people and the whole civilized world. After all the public pressure our "independent" (actually most political) SC and CJ are already talking shifting the blame to the prosecution. In all political and executive cases this very SC makes the appointments of both the judges and the prosecution. Why would they not do that for this case even though it is non-political? I think SC would try to remove yet another black marks against its name. Let us hope against hope that M. Mai finally gets justice. What a mockery of justice that one man is punished for a gang rape! Mirza, USA

Imran | 13 years ago | Reply Irony is that ATC provides justice, and the Supreme Court snatches it.

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