Acid attack: Petitioners ask court to try Fakhra Younus case again

Petitioners appeal that the court declare initial judgement of 2003 illegal.


Zeeshan Mujahid April 02, 2012

KARACHI: A petition has been filed in the alleged acid attack case of Fakhra Younus, a woman who committed suicide in Italy last month after undergoing up to 39 surgeries to correct the disfiguration from an acid attack.

The petition was filed by the Pakistan Institute of Labour Education and Research (PILER), Javed Iqbal Burki, Najma Sadiq and Saeed Baloch through Faisal Siddiqui on Monday morning.

The petition was heard by Justices Maqbool Baqar and Shafi Siddiqui at the Sindh High Court.

In the petition, it was appealed to the court to declare the initial judgement of 2003 by District and Sessions Court South in the case illegal and that the case should be tried again.

The petitioners prayed to the court that in such cases, the court should ensure that the statements are recorded in a “free atmosphere” and that directions should be sought from the subordinate judiciary.

The plea further requested that the police officials should be aware of the amendment brought in 2011, in the criminal justice system.

"The court should be cautious and sensitive in the trial of the cases of violence against women specially when the prosecution witnesses retract their initial statements," said the plea.

SHC ordered for notices to be issued to the advocate general and prosecutor general of Sindh for a date to be fixed later.

The court also called for the entire record and ordered for it to be preserved as the lawyer for the petitioner fears that it will be tampered with or important documents will go missing from the case file.

Earlier, law experts had said that Younus’ acid attack case can no longer be reopened as the government did not file any appeal against the acquittal of accused former MPA Bilal Khar.

A case against 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.

Correction: An earlier version of this story incorrectly stated that the hearing was underway in the District and Sessions Court South, which has been corrected. The error is regretted.

COMMENTS (19)

Aaron Upright | 9 years ago | Reply

He has been acquitted by a properly constituted Court after a Trial. An acquittal is final and must always be so. Those who are so eager to see justice done should keep this in mind. All people deserve justice and due process and that includes unpopular and disliked personages such as Mr Khar.

usmanx | 9 years ago | Reply

MarkH you make a good point and that might be the angle that needs to be taken but in our country the people with power can often have all the skeletons in the world and get away. For example, in the first case... the parents suddenly changed their stand on Khar.

My question is what does her honorable madam hina rabbani khar think of all this? as a person of power, should you not turn your brother in? you know $18,000 Italian purses and sunglasses but you don't know western values of justice?

Mandeep, you are so incredibly 'objective' that you generalize the opinions of 180 million people? Worse, you divert the main subject of the article. Is there any LIMIT to your Indian self-righteousness. How about your country where a majority elected the butcher Modi in Gujrat after his horrible pogrom? At least we have NEVER elected a religious party. Think before you type or type on a sub-standard like TOI.

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