Salmaan Taseer’s murder: Mumtaz Qadri’s case can’t be sent to military court, says IHC

Says Qadri has already been awarded sentence by a trial court

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday observed that the appeal of Malik Mumtaz Qadri, the self-confessed killer of former Punjab governor Salmaan Taseer, cannot be transferred to the military courts.

On February 14, 2011 Qadri was formally indicted by an anti-terrorism court (ATC) when he confessed to killing Salmaan Taseer for criticising the blasphemy law.

“A sentence has already been awarded by a trial court; therefore the case cannot be transferred to the military courts,” observed Justice Shaukat Aziz Siddiqui of the IHC.

The observation came after Qadri’s counsel Justice (retd) Mian Nazir Akhtar requested the court to restrain the government from sending the case to a military court.

Earlier, the attorney informed the court that there were some reports in the media that the government is planning to refer the case to a military court and requested the court to stop the government’s move.

On Tuesday, when the IHC’s two-judge bench — comprising Justice Noorul Haq N Qureshi and Justice Siddiqui — resumed hearing of the case, Qadri’s another counsel, Lahore High Court’s former chief justice Khawaja Muhammad Sharif pointed out legal loopholes in the prosecution’s arguments.

He said the confessional statement of his client was recorded by the then assistant commissioner (AC) Chaudhry Muhammad Ali, under an oath, which is against the law.

“The police did not record the statement of Waqas Khan, an important witness and friend of former governor, who was accompanying him when he had his last lunch in Islamabad’s Kohsar Market,” he said.

The counsel said there were a total of 43 witnesses in this case; however, only 14 witnesses had got their statements recorded and the formal FIR was registered quite late.

Later, the petitioner’s counsel requested the court to hear the case in court No-3 which is bigger. The bench after getting permission from the IHC chief justice accepted his plea.

Sharif will continue his argument on Wednesday (today) and case will be taken up at 9am.

Heavy contingents of police and rangers were deployed in order to deal with any untoward incident.  It may be mentioned that IHC registrar had asked Islamabad administration to provide security for the case.

Published in The Express Tribune, February 4^th, 2015.