Inside Story: How Prosecutors Let Qadri Off The Hook

[Zarvan]

Inside Story: How Prosecutors Let Qadri Off The Hook
MARCH 12TH, 2015 SLIDER

By Mona Khan

ISLAMABAD: Mumtaz Qadri, the murderer of the Punjab Governor Salman Taseer, got a major relief from the Islamabad High Court (IHC) this week when its division bench dropped terrorism charges against him due to poor coordination among the prosecutors.

Background interviews with senior officials reveal the government found it extremely difficult to convince reputed prosecutors to appear before the court to fight the case.

A police commando, Qadri, was part of Taseer’s security detail. However, he assassinated the governor on January 4, 2011, when the latter was leaving the Kohsar market in Islamabad after having his lunch.

An Anti-Terrorism Court awarded two death sentences to Qadri on October 1, 2011, under Anti-Terrorism Act (ATA) and Section 302 of the Pakistan Penal Code (PPC). But his defence team went to the IHC and challenged the verdict.

Since the beginning, the public prosecutors marred the case due to the lack of coordination among them. That led to the quashing of one of Qadri’s death penalties on terrorism-related charges.

Officials admitted the top public prosecutors were reluctant to prosecute him in the Taseer murder case since it was a sensitive case and they feared for their life. The lack of criminal law expertise among those who appeared before the court was one of the most significant reason behind the quashing of one death penalty.

It may be recalled that the slain governor was defending a blasphemy accused, Asiya Bibi. He went on the record criticising the misuse of blasphemy laws in Pakistan and demanded amendments to it.

However, this did not go down well with a number of people. Many religious leaders and groups raised their voices against him, and some religious decrees declared him a blasphemer.

Qadri was perturbed about the situation. He held strong religious beliefs and was seemingly swayed by the stream of fatwas issued against the governor. Finally, he took law into his own hand by emptying his 28-bullet magazine on unarmed Taseer.

On January 11, 2011, Qadri confessed before an assistant commissioner that he had assassinated the Punjab governor. About a dozen eyewitnesses, including some of Qadri’s colleagues, testified against him as well.

The officials told Daily Capital the law ministry had asked the office of the Attorney General (AG) to nominate a senior lawyer to prosecute Qadri. However, the AG office was least interested in the case and “strongly recommended” to transfer the case to the advocate general of Islamabad.

The law ministry was adamant that the case must be handled by a criminal law expert. Eventually, the AG office appointed Afnan Karim Kundi, an additional AG, to argue the case before the IHC.

This was despite the fact that the AG office knew that it would be difficult for Kundi to focus on the case due to his ailing father who was on the deathbed. As the case proceeded, Kundi’s father passed away and the case was assigned to Advocate General, Islamabad, Mian Abdul Rauf.

In its observations and detailed verdict, the IHC division bench pointed out that the prosecution had failed to establish the terrorism case against Qadri.

However, the verdict confused senior law experts who were anticipating that the IHC was going to uphold the trial court judgement completely.

This was because the ATA Section 7 clearly says that an act of terrorism is committed if the accused uses light or heavy automatic weapon in the crime, the victim is a public servant and is subjected to cruelty or barbarity or the incident causes public scare.

Qadri’s act fulfilled all the conditions: He shot Taseer 28 times; killed a sitting Punjab governor; and created public panic in a market.

Yet, the prosecution failed to convince the court that the governor’s assassination constituted a terrorist act. The IHC verdict, meanwhile, converted the high profile case into a simple matter of homicide.

Former law minister Dr Khalid Ranjha commented: “I assume the Islamabad High Court’s decision is not correct. If the murder of a sitting governor is not an act of terrorism, then which case will fall under that purview?”

Several religious outfits declared Qadri a hero. Whenever the assassin appeared in the court, he was garlanded by his supporters and many lawyers.

It is also pertinent to mention here that a special ATC judge, who convicted Qadri in the first place, had to flee the country after facing threats to his life.

One of the leading counsels defending Qadri used to be the chief justice of Lahore High Court, Khawaja Muhammad Sharif. He is said to have close association with top brass of the ruling Pakistan Muslim League-Nawaz.

It is yet to be seen how the government reacts to the IHC judgment. However, Qadri’s defence team was quick to celebrate the verdict and one of his counsels said his client had received “half justice” from the court.
Inside Story: How Prosecutors Let Qadri Off The Hook | Daily Capital
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[Salik]

Sulman Taseer was a responsible person. He should've challenged the law in the court instead of shouting in the public and inviting pelts.

 

[I.R.A]

Sulman Taseer was a responsible person. He should've challenged the law in the court instead of shouting in the public and inviting pelts.

Responsible but drunkard, who had no authority whatsoever to discuss a religious matter. He really should have raised his concerns at right forum with right people, and obviously that would have happened when he was not drunk.

 

[Jaanbaz]

Another proof that Pakistanis are slowly becoming radicalised. I give 30-50 years from now for it go become 100% Wahabi state.

 

[I.R.A]

Another proof that Pakistanis are slowly becoming radicalised. I give 30-50 years from now for it go become 100% Wahabi state.

Yeah good to know, at least it won't become hostage of a Jamat and get confused are we Qadiyanis or Ahmedis. And never question why we accept a family business of Mahdiship.

 

[Jaanbaz]

Yeah good to know, at least it won't become hostage of a Jamat and get confused are we Qadiyanis or Ahmedis. And never question why we accept a family business of Mahdiship.

Who is confused? Its you guys who think you are Arabs lol.

 

[haviZsultan]

This is shameful. Qadri should be hanged.

 

[I.R.A]

Who is confused? Its you guys who think you are Arabs lol.

At least we think................. some even don't do that and will believe whatever nonsense is fed to them.

Islam never supported Family business of anything. Just a starting point to revive your thought process and questioning of idiotic claims.

 

[Jaanbaz]

At least we think................. some even don't do that and will believe whatever nonsense is fed to them.

Islam never supported Family business of anything. Just a starting point to revive your thought process and questioning of idiotic claims.

The only idiot is you and currently the whole despises Pakistanis because of terrorist and their supporters like you.

 

[I.R.A]

The only idiot is you and currently the whole despises Pakistanis because of terrorist and their supporters like you.

yeah whatever.

 

[Jaanbaz]

yeah whatever.

You won't be smiling like that when they strip search you because of your passport.

 

[Salik]

Another proof that Pakistanis are slowly becoming radicalised. I give 30-50 years from now for it go become 100% Wahabi state.

This particular case has been happening 100 years ago and before that. It has nothing to do with radiclisation. Wahabis are just small fraction so chance Pakistan becomes a radical state.

Responsible but drunkard, who had no authority whatsoever to discuss a religious matter. He really should have raised his concerns at right forum with right people, and obviously that would have happened when he was not drunk.

There're Articles known as 62 63, isn't it time we make sure its correct implementation.

This is shameful. Qadri should be hanged.

History is repeating itself. No doubt Qadri shouldn't have taken law in his own hands. But if he's hanged what's the purpose of creating this state when the founder of Pakistan is also on his side.

 

[I.R.A]

You won't be smiling like that when they strip search you because of your passport.

??????

There're Articles known as 62 63, isn't it time we make sure its correct implementation.

Sure why not.................... but then who will pass criteria laid down in these articles? Do you know anyone in your circle who will fulfill all the conditions laid down in those articles?

 

[Salik]

Sure why not.................... but then who will pass criteria laid down in these articles? Do you know anyone in your circle who will fulfill all the conditions laid down in those articles?

Amend the articles give some relaxation but there must be minimum filtration.

 

[Solomon2]

Another proof that Pakistanis are slowly becoming radicalised. I give 30-50 years from now for it go become 100% Wahabi state.

I'd put it between five and twenty years until Pakistan becomes an ISIS-like state:

One, becuase Islamic radicals don't wait until they are a majority to act but when, like Zia, they attain the power to overturn the existing constraints.

Two, because Pakistanis - even pro-secularizing ones - don't realize how radical even they themselves have become.

Three, because I detect no willingness to risk one's neck to change Pakistan's direction from either its leaders or the populace (as represented by the Pakistanis here).