Govt lawyers not ready to prosecute Mumtaz Qadri
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ISLAMABAD: With the Islamabad High Court (IHC) ready to take up the Salmaan Taseer murder case on Jan 27, it seems that the federal government’s law officers are reluctant to appear in court against the convict, Mumtaz Qadri.
An IHC division bench consisting of Justice Noorul Haq N. Qureshi and Justice Shaukat Aziz Siddiqui will hear the case from Tuesday, but so far, none of the prosecutors assigned to the case have agreed to appear in court.
Read| Footprints: Mumtaz Qadri mosque, memorials to our misdeeds
A senior law officer told Dawn that in addition to the sensitivity of the case, the law officers deputed in the IHC are not well-versed in criminal law, but rather have experience with general civil cases. This is also why many are trying to avoid becoming prosecutors in the Taseer murder case.
Law officers hesitant to go to court due to sensitivity of case, lack of criminal law expertise; say police refuse to provide them extra protection
A deputy attorney general (DAG) told Dawn on condition of anonymity that it was the responsibility of the additional attorney general (AAG) to appear in this case, because he was the senior-most law officer at the IHC.
“It is the AAG’s responsibility to appear in such high profile cases. DAGs and standing counsel have to deal with a number of other routine cases,” he added.
On the other hand, sources in the AAG office claimed that the federal government had appointed the advocate general of Islamabad to prosecute Qadri’s case.
When contacted, Islamabad Advocate General Mian Abdul Rauf said that he had not received any such instructions so far, adding that if the competent authority assigned him the case, he would appear in this matter.
Also read: Mumtaz Qadri, Prison King
Barrister Jahangir Khan Jadoon, the standing counsel who deals with cases assigned to Justice Qureshi’s court, told Dawn that Islamabad Inspector General of Police (IGP) Tahir Alam Khan did not extend special protection to him when he was appearing against the alleged Mumbai attack mastermind, Zakiur Rehman Lakhvi.
“Since police are reluctant to protect government lawyers, it will not be possible for them to appear in such high profile cases,” he said.
In the past, a special judge of the Anti-Terrorism Court who convicted Mumtaz Qadri in Oct 2011 had to flee the country due to threats to his life.
Despite repeated attempts, IGP Tahir Alam Khan was not available for comment.
Mumtaz Qadri was a bodyguard assigned to protect former Punjab governor Salmaan Taseer. Qadri gunned down Taseer outside a restaurant in Islamabad’s Kohsar Market on Jan 4, 2011.
Read: Blasphemy law claims another life
He was awarded the death sentence by a Rawalpindi ATC on Oct 1, 2011. But the execution of the sentence was stayed by an IHC division bench on Oct 11, 2011 when Qadri, through his counsel Khawaja Mohammad Sharif – a former chief justice of the Lahore High Court (LHC) – had challenged the conviction.
Meanwhile, in November 2012, the IHC heard an application filed by Mr Sharif asking for a medical board to examine the health of the convict.
Also read: Qadri gets death sentence in Salman Taseer’s murder
At the last hearing of the Taseer murder case in October 2011, a large number of Qadri’s supporters gathered outside the IHC and began reciting verses from the Holy Quran and devotional naats.
The IHC administration had deployed a heavy security contingent to maintain law and order and even asked the Rawalpindi police to stop buses carrying Qadri’s supporters from entering Islamabad.
Published in Dawn, January 25th, 2015
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Comments (111) Closed
Jan 25, 2015 08:44am
He should be tried in Army courts. Thats exactly what the people of Pakistan have mandated the army to do , to try these terrorists which the civilians are reluctant to try.
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Jan 25, 2015 08:47am
Why is this guy not tried or hanged in those Military courts so far all hanged are the ones who attacked Musharaf or Army. Are the life's of civilians matter nothing. Only x dictators and military life's are important.
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Jan 25, 2015 08:51am
He is murderer criminal. He killed the person he was supposed to
protect. Admitted the crime too.
Why you need the court here ?
He should be executed ASAP.
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Jan 25, 2015 08:54am
The government better not mess up this case by appointing someone as a prosecutor who does not have a solid experience in criminal cases. Better yet, let the army court take this case and deliver justice. Qadri needs to be punished for killing a person based on his twisted beliefs.
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Jan 25, 2015 08:56am
Qadri should be hanged till death.
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Jan 25, 2015 08:59am
Shame on Pakistan and its leaders.
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Jan 25, 2015 09:02am
Resilience of Pakistan. In its new manifestation. When will ever there be a rule of law? When will men of character have the courage to stand up for truth and justice?
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Jan 25, 2015 09:04am
What is special about federal government’s law officers who are reluctant to appear in court against the convict, Mumtaz Qadri. Is there life and their families life is more important than our Army men or Police officials and their families. Same goes with the Jugdes, any one who is afraid to do their duties should simply quit their jobs.
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Jan 25, 2015 09:18am
A country where murderers get garlanded and innocent get lynched.
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Jan 25, 2015 09:19am
military courts plz
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Jan 25, 2015 09:37am
How are the law officers assigned to this case not well versed in criminal law? What is this ridiculousness?
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Jan 25, 2015 09:38am
He needs to appear in front of the military. This is why those courts are necessary.
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Jan 25, 2015 09:46am
What's the difference between 2 killers? he is a clear cut killer & the whole world knows it. he should and must face the same trial in military court as others.
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Jan 25, 2015 09:46am
@krishna prasad time is not fat when this man will be on to the final court decision of hanging, though it isn't justifiable to leave such cases for so long time because of ban on moratorium
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Jan 25, 2015 09:48am
The longer the government keep these terrorists in jails and remain indecisive about them stronger their nuisance value becomes. This guy should be taken to task and justice should prevail.
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Jan 25, 2015 09:57am
"A cowardly government has no right to govern". (Peerzada of PML-N)
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Jan 25, 2015 09:57am
Send him to military court then.
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Jan 25, 2015 09:58am
If you dont have it in you, send it to the military courts...
Let them handle it...
If they dont, then whats the use of having them either?
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Jan 25, 2015 10:06am
This time any one comes outside the court to support him --- arrest him.
Things have gone way out of hands.
So who was saying army courts are not needed ???
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Jan 25, 2015 10:24am
Now u understand the need for military courts.
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Jan 25, 2015 10:25am
@krishna prasad Shame on those who think its their duty to peek into others' purely internal matters.
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Jan 25, 2015 10:26am
We are back to the past. We thought after Peshawar attack we have changed. But no. Within no time these terrorist sympathisers are again coming back. That is why we need Military courts.
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Jan 25, 2015 10:37am
This is unbelievable....A very shameful time... this is unbelievable!
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Jan 25, 2015 10:38am
This case should be tried in sharia court. Govt will not lead, due to the country wide anticipation of mass protests.
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Jan 25, 2015 10:47am
Shame on the government and the judiciary who are afraid to punish the criminals AND shame on the lawyers and the bus loads of the people who support the criminals - What a society!
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Jan 25, 2015 10:51am
This case is symptomatic of this failed government.
This government is the biggest threat to the stability and integrity of Pakistan.
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Jan 25, 2015 10:53am
To proceed with the quick execution of this convicted cold blooded murderer-Mumtaz Quadri, is an opportunity for the Government to show its resolve, that no matter what may come it is ready to dispense justice. This will also send a message to other terrorist outfits that nobody is above law and the country has had enough, and it will continue to prosecute and convict all criminals, notwithstanding their affiliation with any group, or party.
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Jan 25, 2015 10:54am
What justice, only in Pakistan.
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Jan 25, 2015 11:23am
Qadri should have been hanged before any of the others who hanged ... It should how coward the rulers are ...
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Jan 25, 2015 11:25am
This man is guilty on two accounts: not doing his assigned job to protect a person and of course murder. All lawyers who decline to prosecute should be barred from practice and their certificates should be revoked. High Court Judges must not let it go but show their rightful authority and be very firm. Passing the buck to Military Court will grossly undermine Higher Judiciary's writ.
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Jan 25, 2015 11:27am
Ah! So he will not be tried by the military courts - because ou know an unsuccesful assassination attempt of Musharraf deserves death but a successful assasination of a governor by his own security onky deserves rose petals.
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Jan 25, 2015 11:34am
I'm full of anger everytime I see the ugly face of this murderous extremist.
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Jan 25, 2015 11:36am
Mumtaz Qadri's popularity in Pakistan is frightening as it tells you the shifting mindset of the country. Why does he have any support? Disgusting.
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Jan 25, 2015 11:40am
Unfortunately fear runs are lives and country... The slogan i grew up with..being courageous and Ghayour Pakistanis...wonder where did it go.. It doesn't matter who we are.we have to understand our relationship with fear. we're scared of getting into a confrontation with fanaticism and terrorism.Days will prove that the assassination policy will not finish the terrorism or fanaticism. for they wish to be martyrs and are not scared of death. while our people and government are scared to die...Folks...You can't be scared of death. When that time comes, it comes....If we all are thinking alike, then somebody isn't thinking.
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Jan 25, 2015 11:42am
This is a great example of why military court are needed for handling such cases. The civil judges and lawyers get so many threats from the extremists elements that they cannot give a verdict against Islamist militants.
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Jan 25, 2015 12:09pm
Since Mr. Qadri is so keen to have Sharia Law in this country and Pakistan has time and again failed on his dear wishes. Let us ask our brotherly country Saudi Arabia to have his case transferred to their country and he be tried under Sharia Law as implemented there.
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Jan 25, 2015 12:09pm
Mumtaz Qadri killed Governor Taseer in broad daylight in front of several witnesses and later confessed in court. Why is he still languishing in our jails and being a burden on the state? He is a murderer and should be given the capital punishment - fast!!! It's about time we dealt sternly with symbols of intolerance and the public hanging of murderer Qadri will be the right start!!!
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Jan 25, 2015 12:13pm
Send his case to the military court....
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Jan 25, 2015 12:25pm
Shameful. They should transfer this case to Military court.
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Jan 25, 2015 12:42pm
So, who was saying that military courts are illeagal and current civilian judicial system is vibrant and capable?
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Jan 25, 2015 12:43pm
Send his case to the military cour
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Jan 25, 2015 12:49pm
Wasn't Taseer murder terrorism?
Qadri should have the first to be sent to gallows.
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Jan 25, 2015 12:51pm
Good
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Jan 25, 2015 12:55pm
The govt needs to sack the AAG and DIG Islamabad right away - and any other officials who do not have the stomach, guts, or interest in carrying out their duties. The vacancies should be filled by those who are not intimidated by ugly barbarians like this murderer or supporters of such terrorists. However, the govt must also provide fool-proof security to those ready to stand up to the challenge. Their lives are definitey more worth to Pakistan than those of our politicians. I therefore suggest the security personnel currently providiing protocol to Ministers and their families should be reassigned to provide the new appointees protection.
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Jan 25, 2015 12:57pm
JUDGE S Siddiqui who was hugging and kissing Qadri when he killed S Taseer ,Is to hear Qadri's appeal ? Oh my God save us !!
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Jan 25, 2015 01:24pm
shame on the government for protecting a killer
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Jan 25, 2015 01:30pm
I'll do it. Give me a gun and 3 minutes with this murdrer and I'll proudly execute him. #nofear
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Jan 25, 2015 01:34pm
That's why we have military courts. Send his case to military courts
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Jan 25, 2015 02:02pm
Sent it to military courts.
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Jan 25, 2015 02:05pm
*cough* military courts *cough*
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Jan 25, 2015 02:14pm
I thought he's already been tried...found guilty.....and given the death penalty. So, it must just be carried out.........this makes the government look highly inept OR COMPLICIT.
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Jan 25, 2015 02:37pm
NS is ask Mr Akram Shaikh, who is very bold, highly qualified, experienced and publised advocate to proceeds with this case as he is eagerly prosecuting Rtd General Parvez Musharraf case at a very low fee
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Jan 25, 2015 02:46pm
Can there be anything more farcical than a Mr Justice Shaukat Aziz Siddiqui sitting in the bench to try the very criminal that this Mr Siddiqui kisssed in public for the very crime that this criminal is going to be prosecuted for. An insult to the intelligence of anybody with the slightest amount of sense. Good by to any hope for ending terrorism in this country.
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Jan 25, 2015 02:56pm
Typical. Religious fundamentalists always get away with everything. Killing a noble soul and still no case. Real shame.
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Jan 25, 2015 02:58pm
Come what may, Shahbaz sharif have decided he will never let his friends go through accountability. Sharif brothers will never be able to rig elections if they eliminate sic Gullu butts from Punjab. Sharifs are too greedy to think of anything else other than themselves and now they have to share this with generals too so that they can continue to rule forever
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Jan 25, 2015 03:12pm
Government should provide necessary state of art security to the prosecutors, so that the high-profile case reaches its logical conclusion. No body is above and bigger than law; lot of regards for the honor of Prophet Muhammad (PBUH) no one has the right to take the law in his hands to kill some one on the allegation that he showed disrespect for the Prophet. This is the high time, government should take interest in conclusion of Qadri's case to establish the writ of law in Pakistan.
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Jan 25, 2015 03:13pm
For Qadri it should be Military court, Military prosecutor and prompt Military execution. There is plenty of solid evidence against this cold blooded murderer.
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Jan 25, 2015 03:13pm
Why does he even needs a trial? He confessed himself and gave-in to police. he should be killed same way as he killed the governor. Along with the preacher who convinced him.
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Jan 25, 2015 03:29pm
Isn't it ironic that justice khawaja muhammad sharif is Qadri's lawyer?
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Jan 25, 2015 03:31pm
his crime is crystal clear, he should be hanged without any court.
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Jan 25, 2015 03:45pm
He should be released for taking the burden off the shoulders of Punjab. The guy was unfit to be the governor.
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Jan 25, 2015 03:52pm
The only way to serve this proven murderer the punishment he deserves is by "extra judicial" means. We need to hire a mercenary!!!
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Jan 25, 2015 03:54pm
@Sayyar Khan : It is the judiciary which must pull up its socks and do their job efficiently. The judges and the lawyers are paid by the tax payers. AS for the military courts, that is an extra job which has been given to them just because the judiciary has not performed.
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Jan 25, 2015 03:56pm
who is winning war on terror ... is quite clear from this incident.............
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Jan 25, 2015 03:59pm
@krishna prasad
Shame on India and its rulers for not granting Kashmiris their democratic rights.
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Jan 25, 2015 04:13pm
send him to the military courts, he deserves death as traitors do.
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Jan 25, 2015 04:23pm
Reading the news today about there being not a single person ready to prosecute the killer of a Governor of Punjab Salman Taseer, it just show how sad the Law and Order situation in Pakistan is.
Sure not everyone in Pakistan is a terrorist, but when lawyers refuse to prosecute a terrorist, what does that say about the state of the country?
"All terrorism needs to gain a foothold is for people of good conscience to remain silent."
I think Pakistan and its people need to get more and more vociferous about victims of terror - be they in Peshawar or in Punjab or in India. Till that happens, every Pakistani is equally culpable. With People who believe that antagonizing "Good Terrorists" is a bad idea at the very top of administration, expecting anything better from Pakistan is futile.
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Jan 25, 2015 04:25pm
How can a country that has a functioning judiciary system fail to deliver a judgement in a case where the criminal lynches a governor and stands thumping his chest.
this is beyond me.
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Jan 25, 2015 04:44pm
Send the case to Militry Court
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Jan 25, 2015 05:07pm
The Govt. is facing the litmus test. Whole of the world is watching. Justice delayed is justice denied. Why should be military courts in the picture at all. Is pakistan a banana rebublic?
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Jan 25, 2015 05:16pm
Should be a straightforward case for military courts and a trendsetter
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Jan 25, 2015 05:33pm
@krishna prasad sooner or later, he will be brought to justice. Though what he did was out of ignorance. He believes in Barlvi School of Thought. He must know that the founder of Barelvi School of Thought Ahmed Raza Khan Barelvi had said a person cannot be killed for a single offence of blasphemy. And if he is habitual then the state is responsible for his execution and not an individual. Pakistan's constitution gives death sentence to those who commits blasphemy which I disagree as per Islamic Law.
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Jan 25, 2015 05:35pm
Dual standards, when Muslims are killed by foreigner they give blood money and flee. When poor commit the crime all laws are for them. Shame on us.
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Jan 25, 2015 05:39pm
lawers are supporting him. and judge hugs him..
what a country it is .. encoraging terrorism.. yes indeed ..
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Jan 25, 2015 05:48pm
If he claims to be a true lover of Prophet then the love demands that he should get himself hanged. His hanging will define his honor, and truth in his beliefs.
A lot of people can do a lot of things if guaranteed safety from law, and chance of becoming a hero. The true believer should sacrifice his life, otherwise he is no hero just a low life criminal a murderer.
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Jan 25, 2015 06:23pm
Govt. lawyers fearful to prosecute him is failure on Govt. part to counter threat of religious groups supporting Qadri. When all parties support Govt. in fight against terrorism, why cannot Govt. prosecute them without fear!
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Jan 25, 2015 06:55pm
Amazing lack of understanding in some comments here!
Military courts have not even started working yet. Those hanged were already convicted by ATCs. Has nothing to do with failed assinatation attempts. Only Frderal Govt can refer a case to Military Courts and they have not referred this case, simple! If people of Pakistan want to abolish civil judicial system entirely then please ask the elected government. Will no other institution take responsibility in times like these? Do we want military to do everything for us and no one else has duties to discharge? They are drawing heavily from public money you know!
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Jan 25, 2015 07:01pm
is there any need to prosecute? he is a confessed killer, just sentence him
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Jan 25, 2015 07:08pm
Law must take its course in all cases and circumstances. It is unfortunate and dangerous that in Pakistan many a crime is condoned by state institutions under pressure of extremist elements.
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Jan 25, 2015 07:26pm
Salute to that Judge who punished him in this country
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Jan 25, 2015 07:58pm
What a joke Pakistan has become, we cannot even prosecute cold blooded killers who openly and proudly commit these atrocities. God help us
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Jan 25, 2015 08:19pm
We think they shouldn't have put the death penalty back..If you hire a security guard you also have to check him and see if he is safe, too sometimes. And looks like this was one of those rare times where he should've watched the security more somehow. Maybe he shouldn't have had a guard- it'd be safer.
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Jan 25, 2015 08:34pm
All of those lawyers probably think Qadri is a hero.
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Jan 25, 2015 08:35pm
Terrorism in Pakistan will thrive as long as these people are living in this world.
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Jan 25, 2015 09:17pm
If he will be hanged he will be called martyr by his supporters and his supporters will build masouleum. I don't understand why he is afraid of becoming martyr.
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Jan 25, 2015 09:19pm
Sensitivity of the case? What sensitivity? He killed the Governer in open day light. Hand him over to Military court. His hanging will be the litmus test for Pakistan's drive to modernity.
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Jan 25, 2015 09:36pm
How can us(Pakistanis) call our self civil and complaint about west when we can not even provide justice to family of Governor Taseer.
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Jan 25, 2015 09:40pm
Army court- open and shut case. This terrorist is guilty and had accepted his actions.
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Jan 25, 2015 09:46pm
@NASAH (USA) when 100 percent Muslim in the world consider Qadri as there hero. Goverment is not coward but powerless.
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Jan 25, 2015 10:00pm
The respect the man with THAT expression gets in Pakistan is beyond my understanding?
Pakistan will have to try really very hard to pull itself by it's boot straps?
Pakistan is SINKING,
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Jan 25, 2015 10:57pm
@Sayyar Khan Mr. Khan, please do not get angry. Qadri cannot be tried in the military court until the government and the civilian courts approve his trial by the military courts.
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Jan 25, 2015 11:17pm
Army court is the answer! If judges have to flee and prosecutors can't convict him our of fear, isn't this the right case for the military courts?
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Jan 25, 2015 11:17pm
When an act of murder is caught on camera and the confession made by the murderer with raining rosepetals on him; what more evidence is needed before hanging the killer of a sitting governor?
The so called civil society and the lawyers who rained rose petals on this killer must also be taken to task for their active support to the killer.
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Jan 25, 2015 11:42pm
It appears that the mob rule is supreme law in Pakistan.
I wonder if it is by design that States' civil lawyers are asked to do criminal cases when they are ill equipped to do so.
I have a suspicion that Lakhvi will go the same way of civil state lawyers assigned to do the trial
instead of seasoned state criminal lawyers with
police or army protecting the judiciary and state lawyers.
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Jan 26, 2015 12:32am
Surprisingly (or maybe not so surprisingly) the average rural Pakistani supports him wholeheartedly. The country will riot if he is hanged - even the educated lawyers of Lahore showered him with rose petals. This is a real problem issue we need to address at the grassroots instead of blaming courts and leaders. They are only reflections of the people.
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Jan 26, 2015 12:32am
If I were a Pakistani , I would from the bottom of my heart advise the following
1. Bring laws to allow swift justice to be bought on the heads of the militants/Qadri like people. If you allow military courts to come up , that is fine for the short term but not for Pakistan. Why: It will firstly compel people to think that the army can only do good and not the civilian .Secondly by ceding space to army to carry out duties which should be done by the government , the democratic process is being harmed.
2. Carry out large scale changes in the school curriculum.While Pakistan should be an country with Muslims as a majority, its paranoia with trying to prove itself Muslim is forcing it to behave in a particular manner which is harmful to its own self
3, Do not allow space to news anchors and people who promote or justify violence of any type
4. Remove arms from all persons who are not in army or paramilitary forces
5. Stop the influx of foreign money to fund any madrasa etc. I know this is difficult to do but do Pakistanis want any other ideology apart from their own. Just think
6. Go back to the Musalmaniyat practiced in Indian subcontinent instead of being embarrassed about it and trying to ape Arabs . That in itself does not allow people to identify with the country as they are alienated from their own 'national' culture
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Jan 26, 2015 12:55am
Exactly , he should be the first person to be tried by Military courts. People like him are the cancer in our society. Killing innocent people in Extra judicial type scenerio is anti Islamic and I want the government to start procecuting evils like him the sooner the better.
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Jan 26, 2015 02:17am
Thats why we need military courts.... Try him in military courts.
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Jan 26, 2015 02:24am
He killed a person , whatever that person had his views were about blasphemy law, he should be punished. Government lawyers are obligated to perform their duty with honesty otherwise they should leave their jobs if they could not perform.
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Jan 26, 2015 02:50am
Before becoming IHC judge, Justice Shaukat Siddiqui was the lawyer who represented Abdul Aziz of Lal Masjid, and led the lawyers who garlanded Mumtaz Qadri when he came to the courts. His love for Qadr and his philosophy is evident in this picture of him kissing the murderer:
http://new-pakistan.com/wp-content/uploads/2014/12/010511pod02_J.jpg
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Jan 26, 2015 04:12am
Qadri is daring the Govt. to hang him. The judge who sentenced him to death had to leave the country. The lawyers showered rose petals on him and offered free legal help. The democratically elected Govt. has blinked and acts as if Qadri does not exist. How long will this murdrer get away with this . The Govt. talks the talk but refuses to walk the walk and meanwhile Qadri has become a cult figure in the prison. He rules the roost.
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Jan 26, 2015 04:12am
A secret trial will do the job
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Jan 26, 2015 04:59am
@Sayyar Khan
You pretty much nailed it friend. The terrorists can go kill civilians including shias, ahmadis, christians, hazaras and even politicians. But not the military; not in this country!
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Jan 26, 2015 05:11am
This man should be tried in court, and that's it.
If he will not be tried, then it will be unfair.
He should be hanged.
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Jan 26, 2015 06:18am
No one has the right to kill in the name of our peaceful religion islam. The killer must be broght to justice. Justice delayed is justice denied.
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Jan 26, 2015 06:37am
Pakistan must be worst than a banana republic if it can not convict a killer of Governor Punjab Salman taseer who was video taped committing the murder and who is proud to do it.
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Jan 26, 2015 07:01am
@Sayyar Khan the case needs to be referred to a military court first...and the civilian setup is too scared to do that
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Jan 26, 2015 07:49am
I very humbaly suggest that Mumtaz Qadri who shot dead Salman Taseer be tried in Anti terrorist court Islamabad headed by Judge Shaukat Siddiue.
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Jan 26, 2015 04:49pm
@Atul B indian culture is alien to us pakistanis. It is time indians respect other nations like kashmir, Hyderabad, assam , khalistan,etc islam remains the same where ever it is practised. Arabs, Turks, Iranians, Afghans have more in common with Pakistan than Indians. India should learn from Pakistan.
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Jan 27, 2015 10:27am
@salma If you talk about rule of law, you perhaps dont know in every criminal like like this one, there MUST be an witnesses who are NOT security personnel. In Qadri's case there is no independent eye witness except security personnel whose evidence is NOT acceptable. Secondly, those who were complainant in the case, cant act as witness. So Qadri though confessed, but his confession was not independent. Coupled with above, he must be honorably released forthwith.
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Jan 30, 2015 05:46pm
Since he has been already given the death sentence he should be hanged as the others who were on the death row! Why go through another trial!
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