Qadri’s murder appeal: IHC reserves judgment, likely to announce it next week
Taseer’s family asks bench to ‘show no mercy’ to father’s killer.
The bench comprising Justice Noorul Haq N Qureshi and Justice Shaukat Aziz Siddiqui reserved their decision after defence counsel Justice (retd) Nazir Akhtar and IHC Advocate General (AG) Abdur Rauf concluded their arguments. PHOTO: IHC WEBSITE
ISLAMABAD:
The Islamabad High Court (IHC) on Wednesday reserved its judgment on the murder appeal of Mumtaz Qadri, the convicted killer of former Punjab governor Salman Taseer, after counsels from both sides concluded their arguments.
The bench comprising Justice Noorul Haq N Qureshi and Justice Shaukat Aziz Siddiqui reserved their decision after defence counsel Justice (retd) Nazir Akhtar and IHC Advocate General (AG) Abdur Rauf concluded their arguments. The bench is likely to announce its decision next week.
The defence counsel, in his concluding arguments, said Taseer was a blasphemer who called the blasphemy law a ‘black law’, and killing the blasphemer was the ‘right act’ of his client as it was based on Islamic law.
He repeated references from Islamic history in which blasphemers were killed on orders of the Holy Prophet (PBUH), arguing that his client also has Constitutional rights which could not be ignored. The counsel requested the court to dismiss the appeal.
The AG, in his arguments, said Qadri did not deny killing Taseer. There is a law to establish allegations against anyone on the basis of blasphemy as well as a forum to award punishment, he said, adding that “No one has the right to kill anyone even if he is said to be a person of bad-character.”
Rauf informed the court that it was incorrect that Qadri and the former governor had exchanged harsh words on the day of the incident as there was no record of any conversation between them.
On a question of the court, the AG informed that despite addition of Section of 7 ATA, no evidence was presented before the court that points to terrorism.
Justice Siddiqui, however, remarked that the trial court had given its observation in the absence of evidence in this regard. “Absence of testimonies in the final judgment is itself a flaw,” observed the judge.
He also questioned the AG how he will prove before the court if any one faces blasphemy charges. Rauf said the confessional statement of the accused is essential in this regard and if he denies the act then statements of witnesses are important in proving it.
Taseer family speaks out
The former governor’s children from his first wife filed an application before the court on Wednesday requesting it to reject Qadri’s appeal. The application was filed by Shaan, Sara and Sanam Taseer, who said they are the legal heirs of the former governor.
In their application, the complainants said they came to know that the defence counsel had stated in court that the legal heirs have no interest in pursuing the case and a notice was also issued to them but they did not show up. However, the siblings stated that they did not receive any court notice. “It [defence counsel’s statement] is disrespectful, abhorrent and irresponsible, the counsel should be prevented from making any such statement on behalf of persons whom he does not represent,” the application stated.
They termed Qadri a traitor to the country as he took the life of someone he was duty bound and trained to protect. The complainants requested the court to reject his murder appeal and ‘show no mercy’.
Talking to The Express Tribune, Shaan confirmed that his lawyer had submitted a statement before the IHC registrar. When asked why he did not appear during the appeal’s proceedings, he said the state is pursuing the case and that he was not the main complainant in the original FIR. In response to another question regarding why Sheikh Waqas, the friend of his late father who had lunch with him the day he was killed, did not record a statement with police, Shaan said everybody has a right to protect his or her life.
Published in The Express Tribune, February 12th, 2015.
The Islamabad High Court (IHC) on Wednesday reserved its judgment on the murder appeal of Mumtaz Qadri, the convicted killer of former Punjab governor Salman Taseer, after counsels from both sides concluded their arguments.
The bench comprising Justice Noorul Haq N Qureshi and Justice Shaukat Aziz Siddiqui reserved their decision after defence counsel Justice (retd) Nazir Akhtar and IHC Advocate General (AG) Abdur Rauf concluded their arguments. The bench is likely to announce its decision next week.
The defence counsel, in his concluding arguments, said Taseer was a blasphemer who called the blasphemy law a ‘black law’, and killing the blasphemer was the ‘right act’ of his client as it was based on Islamic law.
He repeated references from Islamic history in which blasphemers were killed on orders of the Holy Prophet (PBUH), arguing that his client also has Constitutional rights which could not be ignored. The counsel requested the court to dismiss the appeal.
The AG, in his arguments, said Qadri did not deny killing Taseer. There is a law to establish allegations against anyone on the basis of blasphemy as well as a forum to award punishment, he said, adding that “No one has the right to kill anyone even if he is said to be a person of bad-character.”
Rauf informed the court that it was incorrect that Qadri and the former governor had exchanged harsh words on the day of the incident as there was no record of any conversation between them.
On a question of the court, the AG informed that despite addition of Section of 7 ATA, no evidence was presented before the court that points to terrorism.
Justice Siddiqui, however, remarked that the trial court had given its observation in the absence of evidence in this regard. “Absence of testimonies in the final judgment is itself a flaw,” observed the judge.
He also questioned the AG how he will prove before the court if any one faces blasphemy charges. Rauf said the confessional statement of the accused is essential in this regard and if he denies the act then statements of witnesses are important in proving it.
Taseer family speaks out
The former governor’s children from his first wife filed an application before the court on Wednesday requesting it to reject Qadri’s appeal. The application was filed by Shaan, Sara and Sanam Taseer, who said they are the legal heirs of the former governor.
In their application, the complainants said they came to know that the defence counsel had stated in court that the legal heirs have no interest in pursuing the case and a notice was also issued to them but they did not show up. However, the siblings stated that they did not receive any court notice. “It [defence counsel’s statement] is disrespectful, abhorrent and irresponsible, the counsel should be prevented from making any such statement on behalf of persons whom he does not represent,” the application stated.
They termed Qadri a traitor to the country as he took the life of someone he was duty bound and trained to protect. The complainants requested the court to reject his murder appeal and ‘show no mercy’.
Talking to The Express Tribune, Shaan confirmed that his lawyer had submitted a statement before the IHC registrar. When asked why he did not appear during the appeal’s proceedings, he said the state is pursuing the case and that he was not the main complainant in the original FIR. In response to another question regarding why Sheikh Waqas, the friend of his late father who had lunch with him the day he was killed, did not record a statement with police, Shaan said everybody has a right to protect his or her life.
Published in The Express Tribune, February 12th, 2015.