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ISLAMABAD: The witnesses in Lahore's Zain murder case retracted their statements after receiving money from the accused, Additional Advocate General (AAG) Punjab Razzaq A Mirza told the Supreme Court on Tuesday.
A three-member bench headed by Justice Amir Hani Muslim commenced suo motu hearing about the acquittal of the accused in the murder case today.
AAG Mirza informed the court that the provincial government would file a petition against the acquittal of the five accused.
During the hearing, Justice Manzoor Ahmed Malik asked the prosecutor why the witnesses had retracted their statements in the case.
The Punjab prosecutor replied that many of the witnesses are property dealers who withdrew their statements after receiving money from the accused.
Also read: Zain murder case: Another witness refuses to identify Kanju
Justice Sardar Tariq Masood asked if evidence against the accused existed which could lead to their sentence. He also asked why the statements of the witnesses were not recorded under Article 164.
The prosecutor replied that evidence is present under which the accused could be sentenced.
The court summoned relatives and prosecution witnesses in the next hearing and directed Inspector General Punjab to present the relatives and witnesses under security. The hearing was subsequently adjourned to Nov 16.
Chief Justice of Pakistan Justice Anwar Zaheer Jamali had in October taken suo motu notice of acquittal of Mustafa Kanju, son of former minister of state Siddique Kanju, by a Lahore Anti-Terrorism Court in Zain murder case.
The Supreme Court had summoned record of the case from the trial court on Oct 30. The record was provided to the apex court.
But they were acquitted of all charges by ATC-I Presiding Judge Muhammad Qasim on Oct 28 because of lack of evidence, although the trial court had indicted them for killing 16-year-old Zain and injuring Husain, 18.
Know more: Zain murder case: Kanju, his guards acquitted
As per the prosecution, Kanju was allegedly drunk when his luxury car hit another car driven by a woman, who was never identified by the investigators. It said Kanju got infuriated and opened fire at his opponent party. However, the woman had already driven away from the scene and Zain and Husain, the passers-by, were hit by the firing.
Zain succumbed to his injuries at a local hospital. Kanju had escaped from the scene and later was arrested from Khushab.
Gulberg police had lodged FIR against Kanju and his guards under section 7-ATA and section 302 of PPC. In this case, the prosecution had also filed a petition before the Lahore High Court with a request to transfer the trial to some other judge expressing distrust of the incumbent.
The ATC later released the accused after they submitted an application under Section 265-K of the Criminal Procedure Code as the complainant and all prosecution witnesses had not testified against them.
Also read: A case for strong witness protection laws in Pakistan
Read more
On DawnNews
Comments (89) Closed
Nov 10, 2015 03:20pm
If the witnesses retracted their statements after receiving money then they should be ashamed of their conscious. Retracting statements is itself a case of perjury, they should be prosecuted!
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Nov 10, 2015 03:29pm
Kanju goes to jail for involuntary murder only if the case still has strength.
All witnesses must go to jail for perjury - they either lied earlier or they are lying now under oath. There is no further proof needed.
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Nov 10, 2015 03:31pm
put all witnesses for 10 yrs jailed they will say truth. Money talk this is damaging our honesty in Pakistan.
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Nov 10, 2015 03:31pm
No hope for justice. Pakistan Zindaabad
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Nov 10, 2015 03:35pm
It is really a test case for SC to establish its authority against ruling elite & give justice to a poor widow
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Nov 10, 2015 03:35pm
@Harmony-1 this is Pakistan where there is no law for the rich. whatever crime they may commit, they can get away. paisa bolta hai....there is no such thing as " Zameer " or " Conscience " in any one in Pakistan, chill.
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Nov 10, 2015 03:36pm
As I had said before a simple solution would be all Witnesses interviewed by the police should have their statements audio and video recorded. So that they cannot withdraw their statements.
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Nov 10, 2015 03:42pm
I think Kanju should be given exemplary punishment at all cost.
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Nov 10, 2015 03:48pm
After almost 8 years in power PML-N could not even correct the justice system, it has even deteriorated further.
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Nov 10, 2015 03:48pm
When will we see the culprit being punished and sent behind the bars. This lawlessness is so disgusting as it keeps us heading years and years back.
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Nov 10, 2015 03:48pm
Get all witnesses who retracted from their earlier statement to go through lie detector and then prosecute them to jail for 10 years and give punishment Kanju's son and convicted 5 as early as possibly can.
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Nov 10, 2015 03:51pm
this was one case, what about many such cases which get away like this without getting niticed. The system needs to change.
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Nov 10, 2015 03:56pm
The SC has taken a brilliant initiative by reopening the case, and listened to the implicit request and grievances of the relatives of the dead. Ideally, the judiciary need to play its party in convicting the accused and either serve him with life sentence, if not the capital punishment. Time to set the precedent that irrespective of one's social political stature, they wouldn't be able to get away with atrocious crimes such as murder.
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Nov 10, 2015 03:57pm
here comes an irony of ourselves that we always deplore the judiciary because of its controversial decisions without notify the ''other factors'' as this case unfolds i.e money, money and money.... if the witnesses have chosen their desired fiscal aids then who will convict the Mr. Kanjo (vadera's son) and same is happening around us but we will always criticize the judiciary...
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Nov 10, 2015 03:57pm
If the witnesses are harassed to retract then they should be given protection and the supporters/relatives/elders of Kanju who are harassing the witnesses should all be put behind the bars with their dear son. If witnesses are retracting due to money, then should be prosecuted and put behind the bars.
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Nov 10, 2015 03:59pm
Those who sold themselves for money are also murderers.
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Nov 10, 2015 04:08pm
let make it an example in SC and book all those who retracted from earlier statements.
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Nov 10, 2015 04:09pm
There is no excuse for perjury - never, never, never. There is truth, and the truth demands respect. unfortunately our tongues twist for money...The tongue may be employed about, and made to serve all the purposes of vice, in tempting and deceiving, in perjury and injustice.
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Nov 10, 2015 04:11pm
@farhan
it's really easy to say but for a second think like a witness, You saw a murder and you got threats that they will kill you and your family as well, what you will do as a common man? when you know that there are very very less examples of judgements against ruling elite.
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Nov 10, 2015 04:11pm
Keep the pressure up and one day we will find justice in Pakistan
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Nov 10, 2015 04:21pm
The honorable court should set a new example by taking action against the eye witnesses who changed their statements after long court proceedings wasting precious time of the court and concerned persons.
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Nov 10, 2015 04:23pm
A BIG QUESTION MARK ON ALL THOSE WHO STILL BELIEVE IN PAKISTAN
Unfortunate but true :( :(
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Nov 10, 2015 04:23pm
Jail these clowns who think it is a game, some people would sell their souls for a few Rupees, shame on these people.
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Nov 10, 2015 04:26pm
''The Punjab prosecutor replied that many of the witnesses are property dealers who withdrew their statements after receiving money from the accused''
If I am to buy a piece of property, I will sure that I do not talk to a property dealer, So much so a compliment to their ethical values
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Nov 10, 2015 04:35pm
@Opinion
If they felt threatened then why they agreed to act as a witness in first place? No one can force you to testify someone. I'm sure they knew from the beginning the people they were dealing with. Looks like their intention was to make money from the very first day !
If I will see any influential person (in Pakistan) involved in any such murder, I will never come forward as a witness.
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Nov 10, 2015 04:41pm
Pakistan should start lie detector equipment in court and there should be at least 10 year imprisonment (minimum) for perjury, that is lying in court, and 5 years (minimum) for lying against others.
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Nov 10, 2015 04:44pm
If police knows everything about witnesses than why they are afraid to apprehend these unconscientious people? the blood of poor is cheaper than the smell of currency notes.
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Nov 10, 2015 04:45pm
If the witness did not take money then they will also be fired. There is not justice for a common man. Kanju will be released shortly just like Raymond davis, Shahrukh Jatoi and Ayyan Ali.
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Nov 10, 2015 05:02pm
@Shazad - Lie detectors have historically been an inexact science and considered inadmissible evidence in most countries. However, where witnesses retract their statements, they can easily be prosecuted, their bank accounts checked for ill-gotten money and quizzed in comparison to their original statement and most own up to truth under cross examination.
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Nov 10, 2015 05:02pm
The least we all can do is to keep this issue alive through debates and social media. This must not be dusted as "usual" crime committed by rich and powerful.
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Nov 10, 2015 05:04pm
I hope the severe punishment for perjury is made clear to the witnesses. They are testifying against oath. And I hope being the punishment for a role as an obstacle to justice is also made clear to them. Unfortunately, like the terrorists, people are just unwilling to behave unless facing imminent and severe punishment.
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Nov 10, 2015 05:06pm
Shame on us as a nation, it seems like whole country is on olx. " baich day "
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Nov 10, 2015 05:12pm
"If the laws could speak for themselves, they would complain of the lawyers in the first place." ~Lord Halifax
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Nov 10, 2015 05:13pm
It is a shameful outcome and Pakistanis need to ponder how low people's character has gone. If justice is not delivered chaos follows. What if Zain's family decides to take the law in their own hands? Court must follow through on this case.
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Nov 10, 2015 05:14pm
@Noor Gohar, What honesty you are talking about?
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Nov 10, 2015 05:21pm
This case and the case of Shahzeb murder were the cases I was closely following because I thought if the suspects were given what they deserve it would revive my faith on the judicial system of Pakistan. Unfortunately, the one with the power goes free without any regret or shame. I really feel sorry for the victims families.
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Nov 10, 2015 05:27pm
if witnesses receive the threat then what will they do? They have no choice except to change their statement. They know the fate of Wali Babar case witnessess.
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Nov 10, 2015 05:28pm
There should be a strict law for such witnesses. There is not a single iota of morality in such people who take money for a wrong testimony or hide the truth.
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Nov 10, 2015 05:40pm
Investigation by experts can prove beyond doubt that crime was committed by accused and all the witnesses can be tried by court separately and if proven guilty should be given examplery punishment, simple as that.
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Nov 10, 2015 05:41pm
Kanju committed a brutal murder and he should not be acquitted from this charge and the court should proceed against the witnesses of the case because why they received illegal gratification from the accused for the submission of hostile statement.
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Nov 10, 2015 05:45pm
Witnesses should be prosecuted as they are hindering dispensation of justice. SC should make an example of this test case and hopefully greedy people will learn a lesson. I
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Nov 10, 2015 05:45pm
All witnesses must go to jail for perjury
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Nov 10, 2015 05:46pm
@farhan Very True... but them on murder trail as well in my opinion. They are helping murderer.
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Nov 10, 2015 05:49pm
Police recovered the weapon which was used to fire these kids. The finger prints on that weapon was confirmed (by Forenzic laboratory) of the murderer (Mr Kanju). Police investigated this case heavily and according their investigations (on the basis of all of the witnesses previous statements) Kanju is murdered Zain. This murder was done in fronts of many peoples. Whole world know this and their are enough proofs - Only respected Judge do not know - We all oppose Military courts but if this case has been in Military courts, the decision (most likely right decision) has already been come.
This country has only hope on the higher courts - High Courts and Supreme Courts -
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Nov 10, 2015 05:52pm
That's our society true picture and we blame always to others like the politicians and coutrs etc. what a shame! In big picture what we are .... don't wana say.
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Nov 10, 2015 05:53pm
A case worth for hearing for suo motu by the Supreme Court. I hope the justice will be awarded to the deceased as the Criminal should not be spared due to his influence and financial strength
I suggest the Supreme Court should also check that why the ATC Judge had relieved the accused when according to AAG-Punjab " evidence is present under which the accused could be sentenced"
The witnesses who retracted their statements due to the monetary benefits should also be tried according to the law of the Land
Wishing best of luck to the Court as a good judgement will go a long way to uphold the supremacy of law and order in our beloved country
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Nov 10, 2015 05:56pm
fully agree with HARMONY-1,they should be prosecuted for preventing the justice
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Nov 10, 2015 05:56pm
Disgusting shameful if you can get away with murder like that
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Nov 10, 2015 06:00pm
Witnesses should be prosecuted too
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Nov 10, 2015 06:14pm
Elit is Evil since British time. They have ill gotten money and high ranks and influence everywhere. Evils of our society. Shahzeb Khan is another example
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Nov 10, 2015 06:15pm
@aamir
"I think Kanju should be given exemplary punishment at all cost."
of course all who commit a crime be given exemplary punishment as per law.
Here the point is the witnesses. Those must be trialed, fast, and punished as per the law.
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Nov 10, 2015 06:16pm
Forensics? The calibre of the bullets and the gun held by Kanju should solve it.
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Nov 10, 2015 06:16pm
@Observer
Correct, but we have to start somewhere and it is a good test case for Police, Judiciary, we the people - among who are the witnesses - and administration.
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Nov 10, 2015 06:19pm
@Asif
you are a coward too, like most of us.
Who will make a difference? and when?
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Nov 10, 2015 06:22pm
@Jawed Iqbal
At the minimum the report to the police and ask about security. Is any theat on record by them?
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Nov 10, 2015 06:24pm
Irrespective of witnesses retracted, Kanju has admitted firing. and Police do have other evidence. How ATC let him go?
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Nov 10, 2015 06:48pm
This is how the National Action plan got implemented under the shadow of good governance
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Nov 10, 2015 06:49pm
The VIP protocol is being given to the death row prisoners belonging to influential families or having influential status. They are enjoying the luxuries of life in death cells .
The difference between the powerful and weak is underway.Noshin
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Nov 10, 2015 06:50pm
Justice delayed is justice denied.
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Nov 10, 2015 06:51pm
If they retracted their statements then they are still witnesses because they were brought to the court as witnesses. These witnesses should be punished under the law if there is any.
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Nov 10, 2015 06:57pm
CJ should also check how much money has been spent for Witness protection ?
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Nov 10, 2015 07:19pm
Why can't the witnesses, who are now accused of taking money, be individually grilled by an intelligence agency and brought to book and also punished along with the Kanju guy?
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Nov 10, 2015 07:23pm
@ishrat salim : You are right -there is no hope of getting justice in a country where federal and provincial governments threaten, pressurize and influence the victim families to accept deals - as it happened in case of Raymond Davis' daylight carnage for which there were hundreds of witnesses on a busy Lahore road.
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Nov 10, 2015 07:24pm
In Pakistan everything revolves around MONEY and the perfect examples are both our current and previous governments who did/will do anything for and with it!
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Nov 10, 2015 07:26pm
@MAL Good point - when there is no effective witness protection from the state, people like Kanju "protect" witnesses through threats and money
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Nov 10, 2015 07:35pm
This the time now the law and justice must act against the crime and the criminals
the statement f the Police that the witnesses that they have taken money to retrac is
clear evidence on which the police should become the witness itself...more criminal cases should be filed against the murderer.
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Nov 10, 2015 07:43pm
That's not true for Pakistan only. All over the world you can buy justice with money but how long you will be able to do it.life is too short ask any one who is on the dead bed.
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Nov 10, 2015 08:06pm
Whether admissible under Pakistan's criminal laws or not, we should start using Polygraph test (lie-detector test) to pressure and expose blatant liars.
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Nov 10, 2015 08:18pm
What kind of a jungle we are living in? Where is the sense of morality here? Have we stopped believing in afterlife? Shame on these people.
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Nov 10, 2015 08:23pm
People will loose hope in justice if criminals are not given proper punishment.
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Nov 10, 2015 08:36pm
Selfishness at it's full display.
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Nov 10, 2015 08:37pm
Now you know why military courts are a necessity in Pakistan.
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Nov 10, 2015 09:02pm
Most politicians will get their children free by paying any cost for their crime. For them money is not an issue because they never earned that money. It is all looted money from the Exchequer.
Frustration of 2015 generation is increasing day by day regarding these old corrupt government functions.
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Nov 10, 2015 09:06pm
I want to know if any CM , PM , JI , PTI leadership has denounced this shameful act of Police, judge and the prosecution. How come they can be bailed out . What a pity on poor people of Islamic Republic of Pakistan
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Nov 10, 2015 09:35pm
The system has to change, if this case goes un noticed then there'll be no hope for ordinary people of Pakistan ever get justice in future!
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Nov 10, 2015 09:42pm
Kanji must be re- trialed ,with one more relevant section of law for misusing Sec 265-K CPC. And all those who took money and are part of the game must also be taken to task.
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Nov 10, 2015 09:47pm
Truth will rise above falsehood as oil above water.
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Nov 10, 2015 09:55pm
This goes against every iota of justice. It is unheard for prosecutions witnesses to be paid off so openly and for the prosecution to convey that to the Court without having charged the Defendant for Perverting the Course of Justice beforehand. W
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Nov 10, 2015 10:04pm
@Ossy How about the ATC Judge who so lightly disposed off the case.
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Nov 10, 2015 10:14pm
It is lowly people like this who have ruined pakistan. This murderer and his family ( since they are running around bribing witnesses) should be behind bars for 40 years, at least.
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Nov 10, 2015 10:33pm
In addition to severest punishment for murder this feudal Kanju must also be separately punished for making the witnesses back track / for bribery and / or acts of threats.
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Nov 10, 2015 10:53pm
@Ossy You are dreaming.......Kanju will not go to jail.......at best he will be on paper in jail and will enjoy all the luxuries of life like Shahrukh Jatoi of Karachi, Sindh.
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Nov 10, 2015 11:01pm
@Iftikhar Anwar , This is the best example of hope. This guy will not go free .
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Nov 10, 2015 11:17pm
Why to blame kanju or any other murderer. It is fault of common people who like people who commit rigging, frauds and corruption. People like our law minister of punjab or ex law ministers are more than kanju... you Pakistani people deserve to die die like dogs on streets by the powerful people. Everyone including police and common man is corrupt to the core. Who is not corrupt actually has not got opportunity to do corruption
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Nov 10, 2015 11:21pm
CJP sahib the nation is looking for 100% justice, poor have no life in Pakistan.
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Nov 10, 2015 11:30pm
Supreme Court should take Suo-moto notice.
These acts are precisely the seeds of injustice to the poor, which leads to frustration, lawlessness and revolt.
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Nov 11, 2015 01:01am
@OQ this chap will walk free. mark these wods
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Nov 11, 2015 02:10pm
A corrupt nation ruled by corrupt leaders
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Nov 11, 2015 07:57pm
As you show, so shall you reap. dedicated to Kanju
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