LHC Rawalpindi bench acquits four prisoners; SC exonerates one other; LHC suspends death warrant of one convict. PHOTO: AFP
LAHORE: The Supreme Court (SC) and Lahore High Court (LHC) on Monday acquitted five death row prisoners, Express News reported.
The death warrant of another convict was also suspended.
LHC Rawalpindi bench
The Rawalpindi bench of LHC acquitted four prisoners accused of a 2002 suicide attack on an Imambargah in which 11 people were killed and 19 were injured. They were sentenced to death on December 9, 2009.
Malik Rafiq, the advocate of the four men, had filed an application in the LHC, saying that the trial was unfair and his clients were subjected to injustice.
The high court bench said the death sentences were not based on justice and ordered the release of Habibullah, Fazal Hameed, Tahir Hussain and Naseer Ahmed.
The investigation officer at the time, Raja Saqlain, was also shot dead in an attempt to allegedly weaken the investigation.
SC
A three member bench, headed by SC's Justice Asif Saeed Khosa, also acquitted one death row prisoner.
The convict, Mazhar Hussain, was given a death sentence by an anti terrorism court (ATC) in a kidnapping-for-ransom case in 2012.
LHC
A divisional bench headed by Justice Abdul Sami Khan and Justice Sadiq Ali Khan suspended the death warrant of a prisoner who was scheduled to be hanged on January 14.
Brother of accused Muhammad Faiz moved the court, stating that Faiz's mercy plea was pending in Supreme Court, hence his death warrant could not be issued.
COMMENTS (44)
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General Raheel has already deep and brief information about our judiciary and judicial system and that was reason to introduce military courts it's a slap on the face of judges and big shame for our judicial system
@Naeem Khan: no, Pakistan will celebrate when these military courts start functioning and start convicting the terrorists who have thus far been set free by civilian courts. These terrorists have waged a war on Pakistan and it's citizens, and every democratic country deals with military combatants in military courts. That happened after the world war and it happens now. Please don't mislead the public by making false claims about democratic norms. It is still the civilian govt which will refer strictly the hardened terrorists to military courts, so what is all the hoopla about?
This nation is doomed! The cancer of fanaticism has caused our country to come to this stage. Some Halagu Khan is needed!
Do people seriously think that army has come from a different planet? Who do you think helped in Mehran attack?
@Wajahat Hussain:
If they have any shame all ministers and the PM of the sitting government should commit mass succide for failing to provide protection to judges , prosecutors and witnesses against the terrorist which has resulted in a collospe of our judicial system
The civil courts are increasingly losing public confidence if the judges are to release convicted terrorist , ridiculing the sanctity of other judicial process. The current civil judicial system requires structural changes , there are judges in ranks who are either sympathetic to the terrorist cause or just too afraid to act for fear of revenge by terrorist groups. Such judges have no capacity to make rational and transparent judgements hence need to be sent home. Supreme court role had been disappointing too. We require proactive courts and judges who must deliver fearless judgements and are not afraid of threats. If the situation demands they should give the benefit of doubts to prosecution teams rather than criminals and terrorist.
The government must improve prosecution standard ,protect witnesses and provide them incentive to facilitate and strengthen prosecution so that judges with cold feet may not be able to over rule the judgement of other courts.
I wonder whether Aasia Bibi stands a chance of getting herself acquitted by these judges.
Almost all the comments above blame the judges, the most prudent way is to read the reasons given by the judges in their judgments to acquit these convicts. Perhaps ET could come up with the decisions in detail of these judges and then we will be able to make up our minds whether to blame the judges or the prosecutors and police for not provide air tight criminal cases. Military courts are anathema to democratic rule and we must not go for the military courts, I say strengthen the courts instead of giving judicial powers to the Army officers who are not well versed in legal matters. Pakistanis will regret the day military courts start functioning.
These judges are busy proving the point that true terrorism cases should not be tried in civilian courts. Point well taken my lords! You have proven you are not worthy of sitting on the benches on terrorism cases.
maybe the president should have the right to intervene when something like this happens due to technicalities
These case hearings are done behind closed doors,so one could never know what happened. The judges names should be published. Wishful are we?
When judges allow murderers to walk free.....for WHATEVER REASON....they should have the moral courage to step down from their position.....because apart from not providing justice they cost the tax payer a LOT of money.
Our dysfunctional judiciary has stamped its incompetence once again
The proof is in the pudding I hate to say, I told you so. These corrupt/scared/ judges would hear these cases and in quick succession release all ASWJ and LeJ convicted criminals from custody so that they are not hanged and can continue their work for PML N.
Islam is a religion of transparency. We need to accept this fact, and let our hearts be inclined towards the way Islam’s way of serving justice. All the minorities’ safety is only possible through the Islamic way. And I have heard many people saying that Islam doesn’t allow this and that. Islam is a religion of peace. But frankly asking a question, do we really want an ideal Islamic System in our society? and Can we personally change our way of life, if Islamic law is brought in Pakistan?
The Boat's rudder is in the hand of the corrupt politicians who simply want their survival. Unlike the Mercenaries who are still causing damages to the innocent nation and our armed forces, the politicians too are far away from their religion and their oath they have taken. Judicial system too has either some pressure or the backing of **. The Entire Nation should now get ready to bear the losses as usual. ONE simple question: " Are we heading towards a bloodshed or revolution or anxiousely waiting to hear again ~ Meray Azeez Humm Wattanno ~ ??? "
If the newspapers for some obvious reasons stop publishing the judges names in their reports and judges also stop them publishing their names! they are not getting any good publicity anyway.
Why can't we try these judges in army courts who are giving clean chips to terrorist involved in terrorism from so many years and then killed innocent civilians and law enforcement agencies I'm every nook and corner of the country and creating chas for weak judiciary and prosecuting team They are unfit to performed their duties should over haul and remove such cowards from decision making institutions and bring in new blood motivated who can stand in front of terrorist like our armed forces and law enforcement agencies are doing. Time is running out and we cannot expect any good from these current bunch of politicians who are responsible directly and indirectly for this mess on our boriders and inside our territory.
Treat all these Judges as suspects. They should be removed by Parliament and investigated and then tried in a Military Court.
@Israr: and the rest speaking for judges Death will follow one where it has to come.incase these judges are releasing such deadly terrosrists for the fear of their own and loved ones lives then how hey are sure that if somewhere these animals plant a bomb or do suicide attack there relative or they themself cant be affected? Many years back there was a case of a man in karachi who used to stop female drivers or simoly attack them, dishonor and kill them, no real action was taken until some ministers niece or relative got attacked. Dont know what happened next to that culprit.
Courts can not resolve election rigging... courts can not rresolve terrorism issues... courts can not resolve orruption... courst can not resolve land mafia.... any reason why we have courts in Pakistan?
Thats why military courts are needed :-)
These judges should be tried for this criminal judgment. If any judge does not have courage must resign. To release prisoners already convicted. our judges sucks.
That explains why an ex High Court judge would volunteer to be the lawyer for a confessed murderer, Mumtaz Qadri, who killed the governor Taseer. These judges blame it on poor prosecution, but in reality they themselves are sympathizers and supporters of the extremists.
No wonder, we are in this mess! All the more reason for military courts! We need to get rid of lawyers who are their sympathizers. We need reforms and cleaning up at all levels and places.
These Judges should be trailed in Military Courts.....??
Try hanging someone whose friends have threatened killing of your children and you know they are well equipped and well placed to carry out the threat. I feel judges are getting undue criticism (in some cases at least) and justice cannot be dispensed unless the judges are provided security from these state-sponsored goons. It really is a conundrum; the state wants to show its toughness but on the other hand sponsors the same people who it shows to be punishing. Our judiciary has been caught in this delay conundrum.
Raja Saqlain was murdered in a terrorist attack ... that very convenient for these 4 terrorists that their investigating officer is now dead. and the next one who could have come and presented the evidence against them did not because he too does not want to end up dead like raja saqlain.
i think instead of blaming to judges for corruption you should consider that the judges have families like mothers and brothers and children including daughters. they they get threats, how would you rule guilty if they had kidnapped your daughter?
we see people criticizing the setup of military courts for terrorism cases but no one wants to suggest a feasible alternative of dispensing justice in these cases.
they claim that what the law says we act in line with thereof, but why did the model town incident perpetrators are roaming about freely
PML-N is again the life saver of LEJ
Can someone please take a stand and confront these judges? NS? Nisar? Raheel? Media?
shame on judges judgement-currept
Islam is a religion of transparency. We need to accept this fact, and let our hearts be inclined towards the way Islam's way of serving justice. All the minorities' safety is only possible through the Islamic way. And I have heard many people saying that Islam doesn't allow this and that. Islam is a religion of peace. But frankly asking a question, do we really want an ideal Islamic System in our society? and Can we personally change our way of life, if Islamic law is brought in Pakistan?
Today I am really ashamed to call my self a Pakistani.,..!!
The rot in the judiciary is become more and more apparent
Systemic failures such as these substantiate the case for military courts. It would be ideal if a counter appeal is submitted in a higher court to revisit this case (don't know if the system currently allows that).
It appeears by the time Army courts are established these corrupt courts will set free all the Killers of this Nation. I hope and I dream for the justice when these sold judges be hangged with these killers InshAllah!!
Shame, shame!
Are courts here at fault or weak prosecution or loop holes in law. Every piece of this system needs transformation.
Its time to remove such corrupt judges from their respected seats... now these sectarion terrorist will take more lives, will be back in business of target killings.... PLEASE WE NEED ARMY COURTS to hear such appeal.
A worrisome decision for every Pakistani... Whats going to stop these 4 people from doing what they did again???? 1 child lost = 10 terrorists hanged.. so far our children have not been avenged...a thought on everybody mind...its just disappointing...
what a farce no wonder we need army courts.
These were the first LeJ people to be hanged. We need to get these cases away from their sympathizers in the judges' seats.
Some nations cannot change. They are doomed to repeat the same mistakes forever.