Lashkar-e-Jhangvi and the “lack of evidence”
Supporters of Malik Ishaq who sits in a vehicle, a leader of the banned Sunni Muslim extremist group Lashkar-e-Jhangvi, receive their leader upon his release outside a jail in Lahore, Pakistan on Thursday, July 14, 2011. –AP Photo
We are ready to lay down lives (jaan bhee hazir hai) for the honour of the companions of the Holy Prophet (PBUH), Lashkar-e-Jhangvi leader Malik Ishaq said after he was freed from jail amid Kalashnikov-wielding supporters on a Land Cruiser motorcade. He did not specify whose lives he was talking about. But the Shia know.
The influential co-founder of a Sipah-e-Sahaba breakaway group now linked with al Qaeda and the Taliban received a stipend from the Punjab government while he was in jail, and like other key terror suspects, was allowed to use a mobile phone.
Malik Ishaq had told an Urdu daily in October 1997 that he was involved in the killing of 102 people. He was arrested the same year, and eventually charged with 70 of those murders in 44 different cases, including the attack on the Sri Lankan cricket team in March 2009. Last week, the Supreme Court released him because of “lack of evidence”.
Among those who fear the consequences is Fida Hussain Ghalvi, a key witness in a case in which Ishaq was accused of killing 12 members of a Shia family during a Majlis in 1997. When Ghalvi and three other men identified Ishaq, he told them in front of a judge that “dead men can’t talk”. Five witnesses and three of their relatives were killed during the trial. Ishaq was acquitted because of “lack of evidence”.
But that is just the tip of the iceberg. A more remarkable case involving the anti-Shia leader from southern Punjab was the bombing of an Iranian culture centre in Multan, also in 1997. Eight people were killed. When investigating officer Ijaz Shafi persuaded two witnesses to appear in court, his car was sprayed with 13 bullets. Anti-Terrorism Court judge Bashir Ahmed Bhatti convicted Ishaq but the Supreme Court overturned the conviction in 2006 because of “lack of evidence”.
In March 2007, the same judge, scheduled to hear another case against Malik Ishaq, was on his way to the court when a remote-controlled bicycle bomb exploded near his car, killing his driver and two policemen. Ishaq was charged with planning the bombing. Two years later, the prosecution’s witnesses suddenly turned hostile. Ishaq was acquitted in April 2009, because of “lack of evidence”.
In that context, it is very surprising that one of the Supreme Court judges who released Malik Ishaq on bail last week scolded the prosecution and said the case was weak. The same judge, Justice Asif Saeed Khosa, was part of a Lahore Hight Court bench that had asked the police to close down cases of hate speech and incitement to violence, against Jamaatud Dawa chief Hafiz Saeed. The bench would simply not accept that Jamaatud Dawa was another name for Lashkar-e-Taiba, because the new name was not present on a certain list.
Malik Ishaq praised the Supreme Court after his release and said justice had been done. And that is ironic. Why do these people refer to the modern secular notions of law and justice when they do not believe in them? Because that is what gives them a decisive advantage. They have access to multiple epistemic devices. They can identify and exploit weak spots in our legal structure from outside, while simultaneously carrying out practices that are only justified in their own context. And that is why they are winning.
The state and its judiciary, on the other hand, insist on upholding the singular letter of law. They believe that is justice. But justice must question itself. Why should we abide by laws when dealing with people who simply do not believe in those laws? Why should we allow them the privileges of our legal system when they are fighting to replace it with their own?
Harris Bin Munawar is a media and culture critic and a news editor at The Friday Times.
gud research
Justice is not sole responsibility of Judges, it is collective responsibility of state and its machinery. Unfortunately, Pakistan has worst police and judicial system. It is job of police to investigate, using best practice (not torture), collect compelling evidences, safeguard witnesses and then prosecute. Then only judge can examine the evidence and give correct verdict.
Seriously… this is one extreme one sided article … This guy talks like he has got all the proof agnainst him, so better not to write this article rather presenting proof in the court.
which court dear, it is common now a days that courts only releases the killers of Pakistanies people, they taking somoto on the political grounding, why they not taking somoto on karachi Muharram blast, chehlam blast, Eid Millad blast, Parachinar situation (which road are closed for last 4 years), DIKhan daily target killing, Queta shia killings, i find no reason, these lashkar , groups killing sunni tahreek, which court????????????????
No need to discuss writer intention or his skills on writing..the thoughtful thing to discuss is what our judicial system doing If things are going in such way then be prepared for one more episode of sectarian killings in urban cities.
excellent eye opening article. I
Good on you Harris Bin Munawar. What we need is people like you who can standup against these monsters. Not sure how long these monster will let you keep fighting, please dont give up. As for my friends who think you dont have evidence, just one question to them, why all evidence against this monster are killed?
The writer of the article and all those in favor of the article should apply in various courts for positions of judges! No one ever writes when, how and why the instigation against Shias were initiated! Every action has a reaction and in a society where we are surrounded by so many fanatics reaction is multiplied by x, where x is number far beyond infinity!
please leave me and my beloved Pakistan we don't need any sect's in our country we just wanna peace and nothing else ………..
JUSTICE!!!!!!Justice delayed is justice denied..very well said.
I am not going to comment on the Article, but the News should be an eye opener.
We only have one choice, either we stand up and bring a revolution to fix all the faults in the system, or they will bring a revolution and then Pakistan will be in worst state.
BREAKING NEWS: A Terrorist who killed hundreds of peoples is released by Supreme Court "Lack of Evidence" Wow.
Shame on the prosecution….
For this judiciary people have struggled and came out on the roads. This is shameful for those people today who are saying that our judiciary is independent. A person who was involved in killing people and identified by the witness have been released by our independent judiciary.
What if after release of Malik Ishaq. There is another set of killings.. will the Judge take the blame? Will the honorable Judge take full responsibility? Will the Judiciary find it self guilty?
Today, Pakistan lost its Battle against Terrorism.
Judges are there to judge and there duty is to assess the proves that are presented to them, one of my brother here is asking whether a judge would responsibility for any of the acts this released un-convicted guys allegedly does against a particular sect? I question why would he? Is it his job? Instead of criticizing the security systems you are criticizing judicial system because they aren't giving decisions which you like? No judicial system in the world would ever convict this guy if they don't have any witnesses!! Article surely making the judicial system a scapegoat of writer's frustration and hats off to all those are terming it "a really insightful article"!
Influenced by PML N this decision all of us know what there vote bank is.
Very true.By the same logic, the Taliban faithfuls who killed 17 policemen in SWAT will never be convicted unless here is an eye witness!
Dear readers,legal system of pakistan need renewal to keep pace with the time and technic eletronic age. These criminal organisations are too smart to be controled by the legal prosecutors who are fearful and some what religious feelings. This is the govermental responsibility
to prosecute the criminals with full fair conviction. Some readers have correct doubt about judges' conscience. How we can deal with the epedamic just correct the legal system which has too many flaws. God may save Pakistan.
i have few questions to the author of this article
1. Who is responsible for preparation of the case?
2. Who is responsible for collection of evidences?
3. Who is responsible for the safety of witnesses?
4. Right of appeal against a decision in a higher court is the right of suspect! Right or wrong?
Author has a story but without any evidence!!! By thinking or feeling a suspect a criminal does not make him one. U NEED TO PROVE ALLEGATIONS. Judicial system can not be blamed for poor prosecution!!! Think over it without being emotional!!!
I agree with the columnist. Pakistan's justice system is pathetic. Judges need to use more common sense then written laws which are obsolete. Moreover its a fact that most judges are corrupt and looking out for their self interest.
It is not the lack of evidence, or the lack of justice, it is the police that lacks the ability to find the evidence. (period)
No Sir, Above all its judiciary who lacks the will and courage to call a murder 'a murder'.