Mirza Tahir Hussain – the ongoing tragedy
Musa Sami October 31, 2006
#1 Posted by krbhatti on October 31, 2006 9:33:57 am
Here are some thoughts:
Court have sentenced him, fine - but how the courts will account for eighteen years that he has already spent in jail. If they hang him, he is not only given the death sentence, but 18 years in jail also.
The way our police and justice system is, he should be pardoned. But this is paradox in itself; we complain about abuse of law on one hand and now we are asking president to overturn the verdict; again abuse of law. I don`t know what to say....
On a side note, can some chowkee lawyer explain how time in jail is accounted for that is spent before verdict. I`ll be obliged.
Court have sentenced him, fine - but how the courts will account for eighteen years that he has already spent in jail. If they hang him, he is not only given the death sentence, but 18 years in jail also.
The way our police and justice system is, he should be pardoned. But this is paradox in itself; we complain about abuse of law on one hand and now we are asking president to overturn the verdict; again abuse of law. I don`t know what to say....
On a side note, can some chowkee lawyer explain how time in jail is accounted for that is spent before verdict. I`ll be obliged.
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#2 Posted by Urstruly on October 31, 2006 9:56:15 am
There exists no such entity that can be called Government of Pakistan. Pakistan is currently being ruled by a group of vicious thugs and terrorists who wear the stolen uniforms of Pakistan Army, an institution that was disbanded in October 1999 as the constitution of the country was dissolved by a rogue general who was fired by an elected Prime Minister. Since the country has no constitution, the courts and judicial system is also defunct. So in other words, Tahir hussains trial was illegal and his execution will be akin to murder, pure and simple.
The writer says:
``But the sigh of relief only lasted a week. It was decided that the case against Hussain constituted armed robbery, which was to be tried under the Federal Shariah Court. Although the Court agreed that there had been no robbery they found him guilty of the murder on a 2-1 basis with Justice Abdul Waheed Siddiqui disagreeing ``
Even if we accept the facade of Federal Shariat court, the court itself must know better that under Shariah law President or head of state has no powers to pardon a murder convict. The only such power lies with the next if kin of the victim; hence referring this case to this thug who assumes that he is the president of this unfortunate country is not only illegal but unconstitutional as well.
I think International Court of Justice in Hague must assume custody of Tahir Hussain from now on and conduct its own investigation and trial of Hussain. It is true that this rogue general is doing the dirty work for West and Hussain is not a white westerner bu he is a human being and human life is more precious than politics and colour.
#3 Posted by nasah on October 31, 2006 10:14:49 am
``“I cannot violate a court judgment, whether you like the court or not, it’s a court’s judgment and I stick to the law. And we need to find ways of how to handle this situation. I am not a dictator, where I can violate laws, violate the constitution, violate the laws of Pakistan. That cannot be done.”(Musharraf)
And this from a gentleman who hijacked a civilian government at gunpoint in broiad day light.-- now if this is not a Comedian-in-Chief Mirza Musharraf then who he is.
Hypocrisy THY NAME IS MUSHARRAF.
That 18 year old british kid did exactly the right thing -- shot that lecherous sob Taxi driver with his own gun before submitting to become another victim of rape -- and this man Musharraf who somehow or other always ends up being the PROTECTOR of RAPISTS has something against not only the real rape victims he has an angst against even the would-be rape victims....
Let me ask Musharraf.....would he hang his own son Bilal if Bilal right shot someone to prevent becoming a rape victim.?
A victim who was ACQUITTED by a regular court but retried by a medieval Sharia Kangaroo `court` -- is to be hanged for protecting himself ? -- and the enlightened moderation president won`t even consider re-eval....Shame on You Musharraf shame on you.
And this from a gentleman who hijacked a civilian government at gunpoint in broiad day light.-- now if this is not a Comedian-in-Chief Mirza Musharraf then who he is.
Hypocrisy THY NAME IS MUSHARRAF.
That 18 year old british kid did exactly the right thing -- shot that lecherous sob Taxi driver with his own gun before submitting to become another victim of rape -- and this man Musharraf who somehow or other always ends up being the PROTECTOR of RAPISTS has something against not only the real rape victims he has an angst against even the would-be rape victims....
Let me ask Musharraf.....would he hang his own son Bilal if Bilal right shot someone to prevent becoming a rape victim.?
A victim who was ACQUITTED by a regular court but retried by a medieval Sharia Kangaroo `court` -- is to be hanged for protecting himself ? -- and the enlightened moderation president won`t even consider re-eval....Shame on You Musharraf shame on you.
#4 Posted by nasah on October 31, 2006 10:48:32 am
Must thank the author for writing a solid column in support of that kid Tahir who has already spent 18 years in jail for protecting himself and now faces hanging? -- what kind of a country`s image Musharraf wants to project about Pakistan to the world -- a banana republic ruled by a tinhorn dictator?
all hell will break loose abroad for Musharraf if he did not let that kid go home -- especially after all the hell that has broken loose at home for what he did to those Madarassa kids in Bajaur for one Zawahiri villain?
all hell will break loose abroad for Musharraf if he did not let that kid go home -- especially after all the hell that has broken loose at home for what he did to those Madarassa kids in Bajaur for one Zawahiri villain?
#5 Posted by nasah on October 31, 2006 1:39:15 pm
Todays DAWN editorial:
Another gang rape
IT IS simply appalling. The reported gang rape of a 20-year-old woman in Multan by her former, cleric fiancé and three of his accomplices on Sunday is the latest act of violence against women in the long list of such crimes that have gone unpunished in recent months.
Details speak of the accused, one Hafiz Mohammed Idrees, having tried to kill his fiancée back in August after she refused to marry him. She had to jump down from the second floor to save her life; the fall left her with broken bones.
The police had arrested the cleric then, only to release him on bail the next day.
Thus emboldened, the accused allegedly threatened the victim’s family of avenging the insult of rejection. Sunday’s brutal assault came when the victim was alone at home and unable to protect herself because of her immobility. She was later taken to hospital by her mother, who, on returning home, found her daughter in a semi-conscious condition.
However, citing ‘inconsistency’ in the accounts of the assault given by the mother and daughter, the police have refused to arrest the cleric and his accomplices — a common practice in cases involving violence against women.
It should come as an affront to civil society and to those at the helm, that the government has been tarrying with a bill aimed at curbing violence against women by amending the Hudood laws and those pertaining to admissibility of evidence of women in a court of law.
As a consequence, the latest rape victim has been added to the long list of women like Mukhtaran Mai, Shazia Khalid and Sonia Naz, who in recent times have suffered equally in pursuit of justice because of state apathy. There are hundreds more whom justice has eluded, reinforcing the country’s bad image at home and abroad.`` (Dawn)
where is General Musharraf`s RRRS -- Rapid Rapist Rescue Squad -- for the rescue of the RAPIST Hafiz Mohammed Idrees -- the rapist Maulana badly needs PP -- Presidential Protectin ASAP -- also time to exile another rape victim to Canada -- before hanging an would-have-been rape victim -- on 31st December on the happy 2007 New Year eve.
Lot of work for the author of the Line of Fire.....
Another gang rape
IT IS simply appalling. The reported gang rape of a 20-year-old woman in Multan by her former, cleric fiancé and three of his accomplices on Sunday is the latest act of violence against women in the long list of such crimes that have gone unpunished in recent months.
Details speak of the accused, one Hafiz Mohammed Idrees, having tried to kill his fiancée back in August after she refused to marry him. She had to jump down from the second floor to save her life; the fall left her with broken bones.
The police had arrested the cleric then, only to release him on bail the next day.
Thus emboldened, the accused allegedly threatened the victim’s family of avenging the insult of rejection. Sunday’s brutal assault came when the victim was alone at home and unable to protect herself because of her immobility. She was later taken to hospital by her mother, who, on returning home, found her daughter in a semi-conscious condition.
However, citing ‘inconsistency’ in the accounts of the assault given by the mother and daughter, the police have refused to arrest the cleric and his accomplices — a common practice in cases involving violence against women.
It should come as an affront to civil society and to those at the helm, that the government has been tarrying with a bill aimed at curbing violence against women by amending the Hudood laws and those pertaining to admissibility of evidence of women in a court of law.
As a consequence, the latest rape victim has been added to the long list of women like Mukhtaran Mai, Shazia Khalid and Sonia Naz, who in recent times have suffered equally in pursuit of justice because of state apathy. There are hundreds more whom justice has eluded, reinforcing the country’s bad image at home and abroad.`` (Dawn)
where is General Musharraf`s RRRS -- Rapid Rapist Rescue Squad -- for the rescue of the RAPIST Hafiz Mohammed Idrees -- the rapist Maulana badly needs PP -- Presidential Protectin ASAP -- also time to exile another rape victim to Canada -- before hanging an would-have-been rape victim -- on 31st December on the happy 2007 New Year eve.
Lot of work for the author of the Line of Fire.....
#6 Posted by Jamesmaxwell on November 1, 2006 1:50:06 am
Pakistan`s incompetent and corrupt military dictator is lying (as usual) when he says he cannot interfere in the working of the courts. This man violated the Constitution by overthrowing the elected government and allowed a convict to go scot free by cutting a deal with the corrupt Saudi princes. He hires and fires judges, holds illegal referendums and blatantly rigs elections.
When he can shamelessly do all this, can`t he spare the life of a young man who has suffered enough already for a crime that he most probably did not commit.
When he can shamelessly do all this, can`t he spare the life of a young man who has suffered enough already for a crime that he most probably did not commit.
#7 Posted by HasanMahmood on November 1, 2006 7:06:24 am
I am reading these comments and wondering how these people only care about what they feel is right and not about Mr. Tahir. It is an absolute truth that what is happenign to the kid is wrong but instead of pressing that point all they can talk about is Musharaf. This shows how these people think and why democracy will never flourish in Pakistan. They think that the governments of Nawaz and Benazir were actually beter than what we have now just because of democracy. They forget that we had no rights under those governments. These are the same people who will vote for those idiots again if given the chance. That is why it is better not to give them a chance. Musharaf is the only reason why these people even have the right to write and say these things. They talk about Bajaur knowing that these terrorists and ``jihadi outfits`` are destroying our country. But they just cannot give any credit to our government because that will mean giving credit to Musharaf.
They want Nawaz and Benazir to come back so the looting of wealth and the crushing of porr people`s rights can continue. Can these people give specific example of things that those 2 governmentss did which were actually better. They will talk about prices going up without knowing that our country was on the brink of bankruptcy because of the past governments` policies which is why instead of taking more loans prices had to be increased.
Please dont insult Mr. Tahir by going off on Musharaf. Your country is where it is because of the past regimes and not because of him.
Lets talk about Tahir and how he is suffering. Oh and by the way if you think democracy will free Tahir then think again. We had that for 11 years and you probably did not even hear of him and the injustice which happened when Mrs. Surrey and Mr. Raiwand were prime ministers.
Kudos to Musharaf to at least allow the reporters to bring this to light.
They want Nawaz and Benazir to come back so the looting of wealth and the crushing of porr people`s rights can continue. Can these people give specific example of things that those 2 governmentss did which were actually better. They will talk about prices going up without knowing that our country was on the brink of bankruptcy because of the past governments` policies which is why instead of taking more loans prices had to be increased.
Please dont insult Mr. Tahir by going off on Musharaf. Your country is where it is because of the past regimes and not because of him.
Lets talk about Tahir and how he is suffering. Oh and by the way if you think democracy will free Tahir then think again. We had that for 11 years and you probably did not even hear of him and the injustice which happened when Mrs. Surrey and Mr. Raiwand were prime ministers.
Kudos to Musharaf to at least allow the reporters to bring this to light.
#8 Posted by HasanMahmood on November 1, 2006 7:09:02 am
it is not that gang rapes have increased recently because of Musharaf. The only reason you think that is because no the media is actually free to write about it. You seriously think that no gang-rapes happened during Pakistan`s so-called Golden period of democracy.
#9 Posted by Urstruly on November 1, 2006 7:33:20 am
``DISAPPEARANCES`` IN PAKISTAN
Th fascist military apparatus in Pakistan is kidnapping and murdering Pakistani citizens just like American backed South American dictatorships were causing the ``disppearnace` of their citizens in `80s. What is next? Death Squads? Oh wait we already have them as well.
#10 Posted by nasah on November 1, 2006 1:47:39 pm
Re: # 7
dear hasan -- your infatuation with Musharraf makes you not see that this column and the posts are not about Musharraf but about that lad Tahir who is to be hanged after rotting in the jail for 18 years for defending himself against being raped.
your Musharraf -- the author of a fiction book called In the Line of Fire -- comes into play because -- legally or illegally -- fortunately or unfortunately -- he happens to be the `president` of the country to whom the writer of this column, the posters, Prince Charles, Camilla , Tony Blair and others are pleading for a presidential pardon to prevent the hanging of a kid who has suffered enough.
and the arrogant pompousass hijacker of a constitutional government who himself kept the Pakistan Constitution in `abeyance` for 7 years is posing like the greatest constitutionalist of Pakistan next to Zaffrullah Khan -- as if we don`t know.
“I cannot violate a court judgment, whether you like the court or not, it’s a court’s judgment and I stick to the law. And we need to find ways of how to handle this situation. I am not a dictator, where I can violate laws, violate the constitution, violate the laws of Pakistan. That cannot be done.”
now tell me Hasan -- from one Hasan to another Hasan, honestly -- do you agree with his pronouncement that -- ``I am not a dictator where, I can violate laws, violate the constitution``? -- that Musharraf is not a dictator -- that he did not violate Pakistan`s law and Pakistan`s constitution in his ’99 coup.....but he will violate both if he pardoned this chap.
Now focusing on Tahir not Musharraf -- can you say loud and clear that the poor kid Tahir does not deserve a presidential pardon from your constitutional President and constitutional COAS General Musharraf -- that it will be perfectly Constitutional to be a COAS and a President at the same time -- but totally Unconstitutional for a Chimera (Aadha teetar aadhee batair) to pardon a victimized kid.
I wrote this rejoinder to your very civilized and seemingly anguished post that why people are always criticizing your idol Musharraf.
especially after all he did to help the country with the 3.7 billion dollars (not rupees mind you) that the CIA gave him for shipping some select Pakistani gentlemen to GITMO -- an economic windfall that poor BB and NS never enjoyed during their pre 9/11 hand-to-mouth days -- as it is happening post 9/11 `manno-salva` days now.
Nobody will be criticizing Musharraf for nothin -- I am sure your good General is going to give you an accounting of what he did with that 3.7 billion dollars Gitmo Money in the Urdu version of his book: In the Line of Misfire. -- because no mention -- into whose pocket that 3.7 billion went -- was given in the original version of the book: In the Line of Fire.
cordially hasan
dear hasan -- your infatuation with Musharraf makes you not see that this column and the posts are not about Musharraf but about that lad Tahir who is to be hanged after rotting in the jail for 18 years for defending himself against being raped.
your Musharraf -- the author of a fiction book called In the Line of Fire -- comes into play because -- legally or illegally -- fortunately or unfortunately -- he happens to be the `president` of the country to whom the writer of this column, the posters, Prince Charles, Camilla , Tony Blair and others are pleading for a presidential pardon to prevent the hanging of a kid who has suffered enough.
and the arrogant pompousass hijacker of a constitutional government who himself kept the Pakistan Constitution in `abeyance` for 7 years is posing like the greatest constitutionalist of Pakistan next to Zaffrullah Khan -- as if we don`t know.
“I cannot violate a court judgment, whether you like the court or not, it’s a court’s judgment and I stick to the law. And we need to find ways of how to handle this situation. I am not a dictator, where I can violate laws, violate the constitution, violate the laws of Pakistan. That cannot be done.”
now tell me Hasan -- from one Hasan to another Hasan, honestly -- do you agree with his pronouncement that -- ``I am not a dictator where, I can violate laws, violate the constitution``? -- that Musharraf is not a dictator -- that he did not violate Pakistan`s law and Pakistan`s constitution in his ’99 coup.....but he will violate both if he pardoned this chap.
Now focusing on Tahir not Musharraf -- can you say loud and clear that the poor kid Tahir does not deserve a presidential pardon from your constitutional President and constitutional COAS General Musharraf -- that it will be perfectly Constitutional to be a COAS and a President at the same time -- but totally Unconstitutional for a Chimera (Aadha teetar aadhee batair) to pardon a victimized kid.
I wrote this rejoinder to your very civilized and seemingly anguished post that why people are always criticizing your idol Musharraf.
especially after all he did to help the country with the 3.7 billion dollars (not rupees mind you) that the CIA gave him for shipping some select Pakistani gentlemen to GITMO -- an economic windfall that poor BB and NS never enjoyed during their pre 9/11 hand-to-mouth days -- as it is happening post 9/11 `manno-salva` days now.
Nobody will be criticizing Musharraf for nothin -- I am sure your good General is going to give you an accounting of what he did with that 3.7 billion dollars Gitmo Money in the Urdu version of his book: In the Line of Misfire. -- because no mention -- into whose pocket that 3.7 billion went -- was given in the original version of the book: In the Line of Fire.
cordially hasan
#11 Posted by nasah on November 1, 2006 1:58:11 pm
Re: # 7
dear hasan -- your infatuation with Musharraf makes you not see that this column and the posts are not about Musharraf but about that lad Tahir who is to be hanged after rotting in the jail for 18 years for defending himself against being raped.
your Musharraf -- the author of a fiction book called In the Line of Fire -- comes into play because -- legally or illegally -- fortunately or unfortunately -- he happens to be the `president` of the country to whom the writer of this column, the posters, Prince Charles, Camilla , Tony Blair and others are pleading for a presidential pardon to prevent the hanging of a kid who has suffered enough.
and the arrogant pompousass hijacker of a constitutional government who himself kept the Pakistan Constitution in `abeyance` for 7 years is posing like the greatest constitutionalist of Pakistan next to Zaffrullah Khan -- as if we don`t know.
“I cannot violate a court judgment, whether you like the court or not, it’s a court’s judgment and I stick to the law. And we need to find ways of how to handle this situation. I am not a dictator, where I can violate laws, violate the constitution, violate the laws of Pakistan. That cannot be done.”
now tell me Hasan -- from one Hasan to another Hasan, honestly -- do you agree with his pronouncement that -- ``I am not a dictator where, I can violate laws, violate the constitution``? -- that Musharraf is not a dictator -- that he did not violate Pakistan`s law and Pakistan`s constitution in his ’99 coup.....but he will violate both if he pardoned this chap.
Now focusing on Tahir not Musharraf -- can you say loud and clear that the poor kid Tahir does not deserve a presidential pardon from your constitutional President and constitutional COAS General Musharraf -- that it will be perfectly Constitutional to be a COAS and a President at the same time -- but totally Unconstitutional for a Chimera (Aadha teetar aadhee batair) to pardon a victimized kid.
I wrote this rejoinder to your very civilized and seemingly anguished post that why people are always criticizing your idol Musharraf.
especially after all he did to help the country with the 3.7 billion dollars (not rupees mind you) that the CIA gave him for shipping some select Pakistani gentlemen to GITMO -- an economic windfall that poor BB and NS never enjoyed during their pre 9/11 hand-to-mouth days -- as it is happening post 9/11 `manno-salva` days now.
Nobody will be criticizing Musharraf for nothin -- I am sure your good General is going to give you an accounting of what he did with that 3.7 billion dollars Gitmo Money in the Urdu version of his book: Kaisay Bechaa Pakistan -- because no mention -- into whose pocket that 3.7 billion went -- was given in the original version of the book: In the Line of Fire.
cordially hasan
dear hasan -- your infatuation with Musharraf makes you not see that this column and the posts are not about Musharraf but about that lad Tahir who is to be hanged after rotting in the jail for 18 years for defending himself against being raped.
your Musharraf -- the author of a fiction book called In the Line of Fire -- comes into play because -- legally or illegally -- fortunately or unfortunately -- he happens to be the `president` of the country to whom the writer of this column, the posters, Prince Charles, Camilla , Tony Blair and others are pleading for a presidential pardon to prevent the hanging of a kid who has suffered enough.
and the arrogant pompousass hijacker of a constitutional government who himself kept the Pakistan Constitution in `abeyance` for 7 years is posing like the greatest constitutionalist of Pakistan next to Zaffrullah Khan -- as if we don`t know.
“I cannot violate a court judgment, whether you like the court or not, it’s a court’s judgment and I stick to the law. And we need to find ways of how to handle this situation. I am not a dictator, where I can violate laws, violate the constitution, violate the laws of Pakistan. That cannot be done.”
now tell me Hasan -- from one Hasan to another Hasan, honestly -- do you agree with his pronouncement that -- ``I am not a dictator where, I can violate laws, violate the constitution``? -- that Musharraf is not a dictator -- that he did not violate Pakistan`s law and Pakistan`s constitution in his ’99 coup.....but he will violate both if he pardoned this chap.
Now focusing on Tahir not Musharraf -- can you say loud and clear that the poor kid Tahir does not deserve a presidential pardon from your constitutional President and constitutional COAS General Musharraf -- that it will be perfectly Constitutional to be a COAS and a President at the same time -- but totally Unconstitutional for a Chimera (Aadha teetar aadhee batair) to pardon a victimized kid.
I wrote this rejoinder to your very civilized and seemingly anguished post that why people are always criticizing your idol Musharraf.
especially after all he did to help the country with the 3.7 billion dollars (not rupees mind you) that the CIA gave him for shipping some select Pakistani gentlemen to GITMO -- an economic windfall that poor BB and NS never enjoyed during their pre 9/11 hand-to-mouth days -- as it is happening post 9/11 `manno-salva` days now.
Nobody will be criticizing Musharraf for nothin -- I am sure your good General is going to give you an accounting of what he did with that 3.7 billion dollars Gitmo Money in the Urdu version of his book: Kaisay Bechaa Pakistan -- because no mention -- into whose pocket that 3.7 billion went -- was given in the original version of the book: In the Line of Fire.
cordially hasan
#12 Posted by Jamesmaxwell on November 2, 2006 2:42:55 am
Re: # 7
The issue is not whether General Musharraf is better than Benazir or Nawaz Sharif, which is a matter of personal opinion. The point is, General Musharraf is the only person in the world who can save the life of Mirza Tahir Hussain.
If he can abrogate the Constitution (a treasonable offence punishable by death) for personal gain, can he not use the same Constitution to spare the life of an innocent man.
The issue is not whether General Musharraf is better than Benazir or Nawaz Sharif, which is a matter of personal opinion. The point is, General Musharraf is the only person in the world who can save the life of Mirza Tahir Hussain.
If he can abrogate the Constitution (a treasonable offence punishable by death) for personal gain, can he not use the same Constitution to spare the life of an innocent man.
#13 Posted by IB on November 2, 2006 5:03:02 am
I am one of those who are `pro` to Mirza Tahir(s) hanging and are one of the many who are disappointed that President has delayed the hanging . Only the relatives of the person who was killed are legally allowed to pardon and no one else should and can stop the hanging .
The reason why Mirza Tahir should be hanged are as follows:
a) that his ( Mirza Tahir`s) version of story has flaws and contridictions
b) that he has changed his story many times
c) that his fingerprints were found on the trigger
d) that even though the taxi driver tried to rob him or sexually assult him - this was no excuse to kill him intensionally ( here intension is important - a first degree charge )
plus ,
the message it would give to the nation is if Tahir is hanged will be :
a) no one is above law regardless of nationality
The reason why Mirza Tahir should be hanged are as follows:
a) that his ( Mirza Tahir`s) version of story has flaws and contridictions
b) that he has changed his story many times
c) that his fingerprints were found on the trigger
d) that even though the taxi driver tried to rob him or sexually assult him - this was no excuse to kill him intensionally ( here intension is important - a first degree charge )
plus ,
the message it would give to the nation is if Tahir is hanged will be :
a) no one is above law regardless of nationality
#14 Posted by oak on November 2, 2006 9:48:41 am
Re: # 13
IB,
Lets look at the points you made on merit:
Only the relatives of the person who was killed are legally allowed to pardon and no one else should and can stop the hanging
But the question is, and it is becoming increasingly apparant, that he is not guilty of 1st degree murder in the first place. He should not have come upto the Shariah Court in the first place. The whole thing is a travesty of justice. Therefore then it is a duty on the President to pardon him if he sees a miscarriage of justice has taken place. This is a moral and Sharii duty. In this article I was not arguing against Sharii principles, but against their mis-application and the crude way they are enforced.
a) that his ( Mirza Tahir`s) version of story has flaws and contridictions
b) that he has changed his story many times
Name them. Also, Justice Siddiqui said exactly the same about the prosecution case i.e. that it was `mutually annihilating`.
Now is it upto Mirza Sahib to prove his innocence or the prosecution to prove his guilt?
that his fingerprints were found on the trigger
I have never seen this point disputed. This point does not detract from a defence of either self-defence or accidental death and so does not prove of itself 1st degree murder.
d) that even though the taxi driver tried to rob him or sexually assult him - this was no excuse to kill him intensionally ( here intension is important - a first degree charge )
Well if it was self-defence then it was clearly an excuse. In anycase we cannot judge on intention as we were not there. The witnesses produced were found to have given false testimony, and it is likely that there were no witnesses present. There thus appears to be no direct evidence to prove `intention`.
The indirect evidence i.e. the circumstances all point away from intention. There is no clear motive that can be given for him having committed the crime.
plus , the message it would give to the nation is if Tahir is hanged will be :
a) no one is above law regardless of nationality
This is not a game of politics and `messages`. The poor guy has his life on the line and we are debating messages.
Look, why was he tried again after being acquitted. And the very basis on which he was retried (armed robbery) in the Shariah Court was rejected anyway by the same Court. Is this not a clear miscarriage of Justice.
Why did one of the dissenting judges feel the need to issue such a strongly worded statement condemning the way the case had been handled. Is this not a clear miscarriage of justice.
So IB Saheb, I would be grateful if you could reconsider your opinion in view of the above.
IB,
Lets look at the points you made on merit:
Only the relatives of the person who was killed are legally allowed to pardon and no one else should and can stop the hanging
But the question is, and it is becoming increasingly apparant, that he is not guilty of 1st degree murder in the first place. He should not have come upto the Shariah Court in the first place. The whole thing is a travesty of justice. Therefore then it is a duty on the President to pardon him if he sees a miscarriage of justice has taken place. This is a moral and Sharii duty. In this article I was not arguing against Sharii principles, but against their mis-application and the crude way they are enforced.
a) that his ( Mirza Tahir`s) version of story has flaws and contridictions
b) that he has changed his story many times
Name them. Also, Justice Siddiqui said exactly the same about the prosecution case i.e. that it was `mutually annihilating`.
Now is it upto Mirza Sahib to prove his innocence or the prosecution to prove his guilt?
that his fingerprints were found on the trigger
I have never seen this point disputed. This point does not detract from a defence of either self-defence or accidental death and so does not prove of itself 1st degree murder.
d) that even though the taxi driver tried to rob him or sexually assult him - this was no excuse to kill him intensionally ( here intension is important - a first degree charge )
Well if it was self-defence then it was clearly an excuse. In anycase we cannot judge on intention as we were not there. The witnesses produced were found to have given false testimony, and it is likely that there were no witnesses present. There thus appears to be no direct evidence to prove `intention`.
The indirect evidence i.e. the circumstances all point away from intention. There is no clear motive that can be given for him having committed the crime.
plus , the message it would give to the nation is if Tahir is hanged will be :
a) no one is above law regardless of nationality
This is not a game of politics and `messages`. The poor guy has his life on the line and we are debating messages.
Look, why was he tried again after being acquitted. And the very basis on which he was retried (armed robbery) in the Shariah Court was rejected anyway by the same Court. Is this not a clear miscarriage of Justice.
Why did one of the dissenting judges feel the need to issue such a strongly worded statement condemning the way the case had been handled. Is this not a clear miscarriage of justice.
So IB Saheb, I would be grateful if you could reconsider your opinion in view of the above.
#15 Posted by IB on November 2, 2006 4:08:20 pm
Re: # 14
I don`t know how to admit it but I have too!
I did some research on this spoke to someone I know who is part of the investigation in Pindi - what I wrote was totally false - I change my opinion - Mirza suffered a lot ! he should be pardoned but not freed he should be jailed for the rest of his life (full stop)
I don`t know how to admit it but I have too!
I did some research on this spoke to someone I know who is part of the investigation in Pindi - what I wrote was totally false - I change my opinion - Mirza suffered a lot ! he should be pardoned but not freed he should be jailed for the rest of his life (full stop)
#16 Posted by oak on November 3, 2006 12:40:23 am
Re: # 15
IB Saheb
JK. Thats very noble of you. Very few people change their opinion once they have considered the facts.
Most chowkies end up at each other`s throats
IB Saheb
JK. Thats very noble of you. Very few people change their opinion once they have considered the facts.
Most chowkies end up at each other`s throats
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