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Islamabad High Court rejects Mumtaz Qadri appeal
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If he's gone through the legal process he is born as new. Welcome back.
forcetrip
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If he is given life imprisonment instead of being hanged then that should be when we know justice can never be served to any of us when the time comes. It should be my time to leave the land that i so stubbornly felt i had to hold on to.
Green Arrow
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Good decision by IHC. Now hang him as soon as possible.
pak-marine
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and the drama continues ...
Imran Khan
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a man open clearly killed a governor and will wait 10 years to decide he is guilty or not ? pakistani law my foot
And I always thought that Qadri will be dying to have the most anticipated rendezvous with the prophet in firdaus al 'ala. What kind of aashiq e rasul he is? Qadri kiss the death rope and put it around your neck with your own hands, there is no place for a pious person like you in this world full of secular liberals.
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‘The court delivered half justice to my client’
MALIK ASAD — PUBLISHED about 22 hours ago
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IHC upholds death sentence for Mumtaz Qadri
Mumtaz Qadri, who was employed to provide security to Taseer, killed the latter in January 2011 in Islamabad. He was convicted by the Anti Terrorism Court (ATC) in October the same year, under both section 7 of the Anti Terrorism Act (ATA) and under section 302 of Pakistan Penal Code (PPC) respectively.
With the terrorism charges dropped, glorifying Qadri will no longer be a crime
IHC division bench comprising Justice Noorul Haq N. Qureshi and Justice Shaukat Aziz Siddiqui set aside his conviction under section 7 of the ATA but upheld the death sentence under 302 of the PPC. This means that Qadri is guilty of murder but not terrorism.
Following the announcement of the verdict, Qadri’s lawyers gathered in the office of the president of Islamabad High Court Bar Association (IHCBA).
They congratulated retired Justice Mian Nazir Ahmed, the senior counsel of Mumtaz Qadri, and distributed sweetmeats among the lawyers.
Some of them even made impromptu, fiery speeches and chanted slogans in favour of Taseer’s killer.
After witnessing these celebrations for a short while, IHCBA President Raja Aleem Khan Abbasi, who has strong affiliation with the Pakistan People’s Party (PPP), left the room, saying that he was due in a case.
Once the excitement died down, Qadri’s counsel Justice Nazir told Dawn: “The glass is half full and not half empty; the court has delivered half justice to my client.”
Explaining the significance of the judgment, he said that “it will no longer be an offence to praise him (Qadri) as the terrorism charges have been dropped,” adding that under the Protection of Pakistan Act (PPA), “glorifying a terrorism convict has became a cognizable offence”.
But now that Qadri was no longer a ‘terrorist’, glorifying him was no longer a crime, he added.
However, this is not all the verdict has done. There was also some talk that Qadri’s team could appeal that his trial had been an unfair one – the trial had been carried out in an Anti-Terrorism Court although now Qadri is no longer charged with a terrorist act.
When Justice Nazir was asked if Qadri’s lawyer would request the court to remand this case back to the sessions court for retrial as the ATC cannot try ordinary murder cases, he replied: “If the case returns to the trial stage, it may be transferred to the military court.”
He said that the future strategy would be evolved after consulting other lawyers and Qadri’s father.
“Everyone will be involved in deciding whether or not we will go to the Supreme Court to appeal the fact that his conviction and death sentence (for murder) had been upheld,” he said.
The government lawyers, on the other hand, were tight lipped and would not explain whether or not the state would appeal the decision.
Advocate General Islamabad Mian Abdul Rauf said he could not comment when asked if the government was challenging the order or not.
A senior law officer of the federal government, on the condition of anonymity, predicted that there were few chances of the government going into appeal.
“It will be difficult for the government to challenge the decision as lawyers were reluctant to appear in this case, on behalf of the government,” he said.
Legal experts pointed out another loophole that will work to Qadri’s advantage with this judgment.
Raja Amir Abbas Hassan, an advocate of the Supreme Court, said that a conviction under only the PPC (and not the terrorism law) meant that Qadri was now guilty of a compoundable offence.
Those guilty of a compoundable offence can try and opt for an out-of-court settlement, which is not possible if someone is convicted at the ATA. Advocate Hassan pointed out that Qadri could go free if the Taseer family pardoned him.
Heavy security was deployed in and around the IHC building in preparation for the verdict’s announcement. Special contingents of anti-riot police were deployed at the entrances of the IHC. Entry into the courtroom where the verdict was announced was also restricted. A deputy registrar and an assistant registrar were also present inside the courtroom to monitor the situation inside the court.
Published in Dawn, March 10th, 2015
On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play
------------------------------------------------------------------------------------------------------------------------------------------------------------
I am actually beginning to fear this.
Mumtaz Qadri will be championed as a hero and martyr after his death and his execution will inspire dozens of attacks on minorities.
MALIK ASAD — PUBLISHED about 22 hours ago
0 COMMENTS
PRINTIHC upholds death sentence for Mumtaz Qadri
Mumtaz Qadri, who was employed to provide security to Taseer, killed the latter in January 2011 in Islamabad. He was convicted by the Anti Terrorism Court (ATC) in October the same year, under both section 7 of the Anti Terrorism Act (ATA) and under section 302 of Pakistan Penal Code (PPC) respectively.
With the terrorism charges dropped, glorifying Qadri will no longer be a crime
IHC division bench comprising Justice Noorul Haq N. Qureshi and Justice Shaukat Aziz Siddiqui set aside his conviction under section 7 of the ATA but upheld the death sentence under 302 of the PPC. This means that Qadri is guilty of murder but not terrorism.
Following the announcement of the verdict, Qadri’s lawyers gathered in the office of the president of Islamabad High Court Bar Association (IHCBA).
They congratulated retired Justice Mian Nazir Ahmed, the senior counsel of Mumtaz Qadri, and distributed sweetmeats among the lawyers.
Some of them even made impromptu, fiery speeches and chanted slogans in favour of Taseer’s killer.
After witnessing these celebrations for a short while, IHCBA President Raja Aleem Khan Abbasi, who has strong affiliation with the Pakistan People’s Party (PPP), left the room, saying that he was due in a case.
Once the excitement died down, Qadri’s counsel Justice Nazir told Dawn: “The glass is half full and not half empty; the court has delivered half justice to my client.”
Explaining the significance of the judgment, he said that “it will no longer be an offence to praise him (Qadri) as the terrorism charges have been dropped,” adding that under the Protection of Pakistan Act (PPA), “glorifying a terrorism convict has became a cognizable offence”.
But now that Qadri was no longer a ‘terrorist’, glorifying him was no longer a crime, he added.
However, this is not all the verdict has done. There was also some talk that Qadri’s team could appeal that his trial had been an unfair one – the trial had been carried out in an Anti-Terrorism Court although now Qadri is no longer charged with a terrorist act.
When Justice Nazir was asked if Qadri’s lawyer would request the court to remand this case back to the sessions court for retrial as the ATC cannot try ordinary murder cases, he replied: “If the case returns to the trial stage, it may be transferred to the military court.”
He said that the future strategy would be evolved after consulting other lawyers and Qadri’s father.
“Everyone will be involved in deciding whether or not we will go to the Supreme Court to appeal the fact that his conviction and death sentence (for murder) had been upheld,” he said.
The government lawyers, on the other hand, were tight lipped and would not explain whether or not the state would appeal the decision.
Advocate General Islamabad Mian Abdul Rauf said he could not comment when asked if the government was challenging the order or not.
A senior law officer of the federal government, on the condition of anonymity, predicted that there were few chances of the government going into appeal.
“It will be difficult for the government to challenge the decision as lawyers were reluctant to appear in this case, on behalf of the government,” he said.
Legal experts pointed out another loophole that will work to Qadri’s advantage with this judgment.
Raja Amir Abbas Hassan, an advocate of the Supreme Court, said that a conviction under only the PPC (and not the terrorism law) meant that Qadri was now guilty of a compoundable offence.
Those guilty of a compoundable offence can try and opt for an out-of-court settlement, which is not possible if someone is convicted at the ATA. Advocate Hassan pointed out that Qadri could go free if the Taseer family pardoned him.
Heavy security was deployed in and around the IHC building in preparation for the verdict’s announcement. Special contingents of anti-riot police were deployed at the entrances of the IHC. Entry into the courtroom where the verdict was announced was also restricted. A deputy registrar and an assistant registrar were also present inside the courtroom to monitor the situation inside the court.
Published in Dawn, March 10th, 2015
On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play
------------------------------------------------------------------------------------------------------------------------------------------------------------
I am actually beginning to fear this.
Mumtaz Qadri will be championed as a hero and martyr after his death and his execution will inspire dozens of attacks on minorities.
Thorough Pro
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while in india a mass murderer get premiership as reward of killing more than 2000 innocent souls. so who is persecuting indian voters?
My-Analogous
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According to him he did good for the religion, then why he is asking his life and bagging for that?. If he is right then he will get Jannah right
Zarvan
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Yes hanging is not the issue the war which our state will face after that is the issue those who know law are saying Judge pretty much rescued Qadri by ending terrorism clause
There'll be NO reaction if you hang him, believe! They respect the state and the state is also giving them respect.
Now, when there's a wave it's much easier to hang him and he will be a history but govt. is saving him not for precaution, there's just respect.
Zarvan
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Yes Please go ahead and hang Please do it you will know what reaction will come
Hmm. Govt. is not as fool as Sulman Taseer. But they're not anti state people. These're hypothetical questions.
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