Waheeda Shah suo motu: ‘Assault more serious than Sarfaraz Shah killing’
Heading a three-member bench for the suo motu hearing of the incident, Chief Justice Iftikhar Muhammad Chaudhry observed that the Inspector General of Police Sindh should resign from his post over the episode.
The IG Sindh defended himself before the court and said that there was no comparison between the killing of Sarfaraz Shah and this incident. Chief Justice Chaudhry replied saying, “This incident is even more serious than the extrajudicial killing, because it has brought shame to the country.”
“Due to the negligence of law enforcing institutions, such incidents take place. The officials go really far, to an extent that they take the law into their hands.”
Bukhari prayed that she come to the court to “apologise”. When the chief justice inquired about Bukhari’s counsel, she said, “You [chief justice] are my lawyer and you [chief justice] are my judge.”
Chief justice directed the IG Sindh to take action against the incident according to the law and submit a report before the court at the next hearing on March 12.
“If such an incident could take place in the by-polls, what would happen in the general elections.”
Attorney General of Pakistan Maulvi Anwarul Haq informed the court that the FIR lodged against Bukhari was not “proper”. He said that according to Section 353 and Section 189 of the Pakistan Penal Code should have been imposed, given the violation done by the MPA.
AG Haq informed the court that according to these sections, Bukhari would have to undergo a two-year-long imprisonment and pay a heavy fine.
IG Sindh informed the court that these two sections will be added in the FIR. The chief justice said that it should have been done without the court having pointed it out.
The court also observed that police “did not even bring the case file in the hearing.”
The court observed that the ECP should have not only been a witness, but also a complainant in the case.
Earlier the court was moved by an application filed by District Management Group (DMG) officer Anita Turab.
Turab had stated in her application that “most civil servants wish to work in an environment where their self-respect and dignity is not made vulnerable by all and sundry. A number of us feel committed to stand by a self-imposed code called ‘the Moral Revival’, which is the flagship commitment to restore the lost dignity of civil servants (and) to reclaim the classic independence of the institution through internal and external reforms.”
Bukhari was declared the winner in the initial vote-count of the provincial seat by-poll (PS 53), but following Saturday’s now infamous slapping incident caught on video, the Election Commission of Pakistan (ECP) withheld official results.
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She not only serve some Jail time, she should be made lesson for all high headed politicians. She Also be banned for life time. At the same time Police and all authorities who were silent spectators also be taught some lesson.
What a stupid thing to say. While I hope the thuggish politician gets what's coming to her, this was an outrageous statement. Simply shows a backward drama queen regressive conservative mentality of the judge. While democracy is paramount, extra-judicial murder is more heinous. Seems he feels only inclined to take action when an 'embarrassing' moment is caught on tape, which is woman thug beating as opposed to military man murdering. No wonder murder and terrorism is so strife in Pak. Judges' priorities are all messed up.
@Qaiser k. Ahmed:
He absolutely should
@Ahsan Mlk: One of the most cogent remarks that I have ever read. Bravo Ahsan sahib. A great comment.
Shame on you W Shah and accomplices
While I've criticized the Supreme Court in the past, I have to say that the Chief Justice was exemplary in this instance. He didn't allow Waheeda Shah to use two of the most common tactics used by feudals when they behave badly; namely, intimidating victims to recant their testimony and buying off the police. Instead, by enforcing suo motu, he forced Shah and the Sind IG to be held accountable for their egregious behavior. Kudos to the CJ!
Unplanned attack or slap is a minor crime under any law. However, murder is the most serious crime in all countries. How can a judge make it a lesser crime all by himself and in a moment? If the elected parliament (the law making body) would have come up with this how much hate and outrage they would have faced. Are we promoting murders as lesser crime than the minor unplanned attacks? This by no means is an endorsement of the slapping incident where the culpirit should be punished to the full extent of existing laws.
We the people of Pakistan need to inform, remind and exert the fact to our elected reps. that all of them are civil servants, meaning that they get these slots to serve the people of Pakistan. And they should not forget this.
Also it will be interesting to know how would have our police (system) reacted if a common citizen had slapped the Prime Minister for not doing his job properly ? am sure it would had been much more then a simple FIR!!
Its about time our imperial politicians realize that they are servants and not the masters!
Why does not S.C.get off the back of P.P.P.and start doing somethig more serious and concrete like disposing off thousands of cases pending in S.C.for decades.People are langiushing in jails waiting for their appeals to be heard by the Honourable judges.I suggest that the C.J.should form a permanent bench to hear cases against the P.P.P. and let the rest of the judges do the normal courtwork instead of taking over the work of the entire Goverment/machinery of Pakistan through Sou Moto notices.The polticians are enough to make life miserable for the unfortunate nation and now S.C.is making it more miserable by this extraordinary delay in justice.Justice delayed is jutice denied.
Send her behind bars please. I feel for the poor ladies who got slapped by this illiterate person. Please make an example of her. The so called ministers need to be taught harsh lessons. Get them off the high horse. Just cos you are a minister doesn't mean you have a free permit of slapping people around. You become minister cos these same people vote for you. Respect them.
Go on make an example out of this woman for everyone else in any position of power.
How do you define Suo Motu to the Urdu Medium populace of Pakistan? What is the local word for this Latin legal term?
@WRATH IS NOT JUSTICE!: While I agree that there might be an emotional undertone to the issue, but it needs to be looked at from governance perspective. Killing of poor Sarfaraz Shah is a security failure (it was also not facilitated or incited by any powerful figure), while slapping of poor election staff and not having institutions such as Police or ECP take action against it is reflective of institutional failure. Furthermore, it perpetuates elitist culture in the country where they treat underprivileged people as hired slaves and coming it from someone in power is even more disturbing.
she should be imprisoned so that such immoral behavior will not appear again in our society...i don`t know how she will lead the people with moral less and unstable emotional behavior...
Perhaps our lawmakers need to be fired as well, if they think an extra judicial or any killing for that matter is less serious than someone being assaulted in public (which too does deserve to be punished)...The apples to oranges comparison is ridiculous and in poor taste
Where are the teacher community.They only come out for salary increment and adhoc sort of thing.This act bring shame to us.Should be punish according to law but should,nt be delay.I hope this will come to end before final election.
She should be disqualified for life, so that the precedent be set for the next to commit such kind of ill manners
Sarfaraz Shah killing’
CJ erred in his statement. He should apologize to Sarfaraz Shah's family.
Just other day the speakers of India and Pakistan (both woman ) said that empowering of women helps in bringing peace.This is what an empowered woman does to another woman... what a shameful act.
where are the woman right NGOs???????
Please sign this online petition to the Election Commission of Pakistan to disqualify Waheeda Shah from holding public office! . . . http://www.change.org/petitions/election-commission-of-pakistan-disqualify-waheeda-shah-from-holding-public-office
what the sharia law says in this case!!!! why cherry picking.....
Finally SC took action against this unlike our government.
As usual, no disciplinary action or even a comment from the PPP..
Utterly disgusting. This is the state of our country. Look at the example this parliamentarian is setting. She should be made an example out of. Thank God for the Supreme Court.
I fail to understand why the political party didn't cancel her membership and threw her out instantly!
And the Rana Sanaullah's Cousin doesn't see the massacres of Shias as crimes.
The top most judge equating parallels between a slap and a killing is ludicrous. Its also incorrect to claim that the election commission didn't act on time, and in contradiction with facts.
Only CJ can pass such classical remarks '**“This incident is even more serious than the extrajudicial killing, because it has brought shame to the country.”
**
I completely condemn what Waheeda Shah did. But I find the SC's remarks that this is worse than Sarfaraz Shah's killing far far more condemnible ... only sick minds can come up a comparison like that.
Why doesn't the party itself disqualify this lady rather it having to go to SC?!?!?
PPP (and now PTI) have the most despicable lot in their party, including fake degree holders , corrupt people who don't know "how unaccounted money ends up on their accounts", hit and run drivers , etc.
For all those commenting that Waheeda would be punished by the SC, I say dream on! This SC takes sou moto of almost every thing but no decision is ever taken by the SC, the cases just keep on dragging and then everyone forgets. Examples; the Moonis Elahi case, the Hajj scam, NRO, the Memo case, the Karachi killings case, etc.
In addition to other she should also be slapped by the same returning officer in front of live camera so that a lesson could be sent across as to how it feels when someone is insluted in public.
According to the CJ it is the biggest issue of the country, that's why suo motu action had to be taken....wow
so the 'shame' of country is more valuable than a human life Mr CJ? Tell this to Sarfraz Shah's mohter. There was no 'need' of making such a comparison/statement.
If this incident is more serious than the extrajudicial killing, then who will be sentenced to death and who will get fired? The honorable Court's decision will be a very important step in discouraging other 'leaders' from resorting to such despicable behavior in future.
If this is the Character of "Public Representatives", may Allah have mercy on the Public.
@Hassan K Bajwa: you are right, Hassan... the thing is that police is the most convenient punchbag ... easiest target for everyone, from terrorists to those in power (executive or judicial)...
investigation is not going well? suspend the police officer....investigation IS going well? heck, suspend the officer anyway! (NICL anyone?)
i think we need to change the colour of our uniform...earthy tones ought to do the trick ;p
She must serve some jail time. ECP and police should also be taken to task. It is them who should have taken punitive action not the SC.
“You [chief justice] are my lawyer and you [chief justice] are my judge.” Nice Try for a dramatic touch...
Is there only SC left to do every thing ?? Considering This , I strongly fell that eliminate Police department at all , Coz they are more involve in doing wrongs..never heard a good thing Police department Ever done !!!
how long this will keep happening in pakistan, She should be fried now
After looking at all these Suo motu actions by CJ , I wonder are these the priorities of this "Supreme Court", I bet they sit in front of TV and take action on anything that would earn them bowie points, they take up only those cases which are good for their PR. I have never seen any case against PML-N, so Suo motu against Religious Extremists, all killers are set free, No Suo motu against the "Lawyers" beating policemen????
@Hassan K Bajwa: Of course the police officers should be suspended as they failed in the their duty to protect - after all that is why we pay them.
As for the slapper (a word that has many meanings, including a woman of questionable morals!) she is currently before the SC awaiting her sentence.
and what will he term the genocide of shias ???
must be brought to justice
she should be given an exemplary punishment. government servents face politicians' this kind of acts all the time but they dont go public. thanks to media wahida shah is exposed to people,now its judiciary's job to make sure that it does not happen again.people will be delighted to see her lose porvincial assembly seat.
@etribune I guess the DMG officer' name was Anita Turab and not Anita Ayoub
While I am furious about the MPA and would like to see her disqualified, there are no parallels between the extra judicial killing of Sarfaraz Shah and the slap by Waheeda Shah. The Chief Justice audacity to compare the two is appalling and a stark reminder of how certain institutions in this country are indeed above law where as politicians are easy meat.
Typical Pakistani politician - what a joke
This is an open-and-shut case, delaying justice being done and more importantly showing that it has in fact been done will reflect badly on the justice system, something it can not afford.
She must be disqualified forever to become the candidate in any elections.
Is it just me who finds it ridiculous that two police officers have been suspended from duty but the idiot woman who started the fight has to face no consequences?
Scandalous!
//She must be disqualified from being eligible to be a member of National/Provincial assembly
It will be another 'slap' on the face of the Sindhi nation if she gets to sit in the provincial assembly after all that conundrum. Cheers!
she should never be allowed to stand up in any election.
hopefully she will be served with some jail time
Let justice be served and appropriate punishment be meted out.
As always, all matters have to go to the Supreme Court, and governance chapters are nowhere to be seen.
The incident shows how 'independent' the 20th amendment made the Election Commission -> It cannot even take to task an election contestant for flagrant violation for at least half a dozen laws!
Bravo Mr.CJ, the nation's work rests on the work of a few good people.
Aaaah now this should be fun. Hope the SC fries her big time.