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RAWALPINDI: The Lahore High Court's (LHC) Rawalpindi bench on Monday acquitted four death row convicts who were earlier handed the death penalty for their involvement in the suicide attack at Shah-i-Najaf Imambargah in Rawalpindi in 2002, which left 19 people dead and 35 injured.
The four convicts — Fazal Mohammad, Tahir Mehmood, Hafiz Naseer and Habibullah — were sentenced to death by an Anti-Terrorism Court (ATC) in Rawalpindi in 2004, following which they had filed an intra-court appeal.
A two-member bench of the LHC, comprising Justice Ibadur Rehman Lodhi and Justice Qazi Muhammad Amin, heard the case pertaining to the convicts' intra-court appeal today.
The defendants' counsel Babar pleaded in court today that there was no solid evidence which showed that the convicts were responsible for or associated with the attack on the imambargah.
After hearing the counsel's arguments, the court acquitted the convicts today.
In the wake of the lifting of the moratorium on death penalty, this case was one of the many pending cases. Despite global criticism, a handful of convicts sentenced to death have been hanged in jails across Punjab so far.
Take a look: Multan to hang first death row inmate, January 7
Prime Minister Nawaz Sharif had approved the lifting of Pakistan's long-upheld moratorium on the death penalty after a Taliban attack in Peshawar's Army Public School killed 148 people, including more than 130 schoolchildren. Only those death row inmates convicted on terror-related charges have been hung.
Read more: Militant siege of Peshawar school ends, 141 killed
Read more
On DawnNews
Comments (77) Closed
Jan 05, 2015 12:45pm
Only people convicted are the ones against the majority Sunni or Army. I think we should think independent of sect to comes out strong against terrorism.
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Jan 05, 2015 12:50pm
Our judiciary is a joke. For now, we do need military court to deal with present threat from terrorists. But we need to sort out our judicial system. It is NOT something that can be done overnight, and will take years to sort out. Please start work on it as soon as possible.
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Jan 05, 2015 12:54pm
Back to normalcy then!!
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Jan 05, 2015 01:07pm
Business as usual, forget what happened on 16 Dec. Keep it up.
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Jan 05, 2015 01:07pm
This is why we need military courts.
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Jan 05, 2015 01:08pm
This is typical of our legal system where either on the basis of fear or other considerations, terrorists are let off on flimsy excuses. This becomes more easy when the aggrieved persons belong to minority sect. This decision would further embolden terrorists of LEJ. Our superior courts are so sympathetic and soft on LEJ terrorists that self confessed shia killer and operational commander of LEJ/SSP was acquitted on the heinous crimes was acqutted on the flimsy procedural irregularities. This acquittal has strengthened the case of military courts as these chicken hearthed courts can never provide us justice
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Jan 05, 2015 01:11pm
The decision by Lahore High Court is distinctly away from bold policy statements made at APC of zero tolerance, the Court service appear to be out of sync with declared objectives unless Government has second thoughts. The Court generally are supportive of Government policy on matters of national importance.
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Jan 05, 2015 01:14pm
This decision justified the establishment of military court.
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Jan 05, 2015 01:15pm
Fair start as the Law is being followed regardless of emotional reactions.
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Jan 05, 2015 01:20pm
The government showing their Love for Malik Ishaq and his cronies
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Jan 05, 2015 01:20pm
Justice won humanity lost!!!
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Jan 05, 2015 01:21pm
If the accused are innocent, then the State should compensate the incarcerated for taking away ten years of their lives. It is a pity our justice system is so incompetent. Accountability is a dream when PROSECUTORS IN OUR LEGAL SYSTEM ARE SO FEEBLISH.
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Jan 05, 2015 01:21pm
First, why & how were they convicted ? on what evidence were they got convicted ? why same evidence not produced again ?
Second, why it took this long to go through the process again ?
No, wonder " military courts " are the only answer.
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Jan 05, 2015 01:23pm
First, why & how were they convicted ? on what evidence were they got convicted ? why same evidence not produced again ?
Second, why it took this long to go through the process again ?
No, wonder " military courts " are the only answer.
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Jan 05, 2015 01:26pm
What a said day for judiciary!!!!
Judiciary is proving that military courts are the need of time; plus they want to make sure that no one has any regret or doubt on establishment of military courts.
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Jan 05, 2015 01:27pm
Classic case in point. Awarding death penalty and then acquittal?
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Jan 05, 2015 01:29pm
Courts must uphold the justice no matter how large the pressure is. It is the weak investigation which is resulting in the acquittal and not due to to judges.
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Jan 05, 2015 01:36pm
Acquitted due to weak prosecution and weak lawyers.
We need better criminal lawyers who can properly handle such situations.
The law favors terrorists these days as it has been noted lately. These four guys might be guilty but in this case they were released due to this judicial loophole which saw the likes of Malik Ishaq and countless other sectarian killers being acquitted by courts on the grounds of weak evidence.
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Jan 05, 2015 01:39pm
Where is the the so called SOLID EVIDENCE for having free to kill permit the terrorists are enjoying in our country!!!
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Jan 05, 2015 01:40pm
Hard to find evidence for such attacks.
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Jan 05, 2015 01:42pm
come on guys without evidance how could you hang somebody? do you think better than what a High Court judge decided. or you think court should decide on perception basis?
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Jan 05, 2015 01:49pm
I am against Military Courts but these normal courts aren't making their position stronger in this debate.
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Jan 05, 2015 01:51pm
The courts know and its clear after supreme courts karachi case verdict,what action has been taken by the honourable supreme court ?
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Jan 05, 2015 01:52pm
This will always be a problem. .. Who will have balls to testify against a member of a terrorist organisation known for brutal slaughter..
Even finding policemen willing to investigate n find evidence will be hard... not to mention judges with balls to send down a guilty verdict..
Passing a bill in parliament isnt going to change these ground realities
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Jan 05, 2015 01:52pm
Better go to the Court as witness if you have any proof rather than criticizing Court decisions which have to be based on evidence. Military Courts will never go against evidence too.
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Jan 05, 2015 01:53pm
Where was lahore high court when model town massacare committed.
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Jan 05, 2015 01:54pm
@Abaid
How do you differentiate 'justice'' from 'humanity'?
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Jan 05, 2015 01:55pm
Military courts Zindabad.
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Jan 05, 2015 01:55pm
High court should also provide justice to the five year old girl who was raped outside hospital.
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Jan 05, 2015 01:56pm
The only solution is martial law.
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Jan 05, 2015 01:56pm
The decision shows that Military courts are required urgently.
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Jan 05, 2015 01:56pm
@aceleaf
That's why there are superior Courts to ensure justice.
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Jan 05, 2015 01:58pm
Who will come forward against organized terrorists -- witnesses, police, lawyers, or judges? Military courts soon, please.
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Jan 05, 2015 01:59pm
A good reason for military courts because the judges are too scared or easily bought off by these convicts. It is a dark day for the the judicial system of Pakistan; they need some serious reforms.
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Jan 05, 2015 02:02pm
Anything related to murder of minorities, is acquitted on 'lack of evidence'
The courts are responsible for the state in which our country is right now. That is why military courts is a the only answer
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Jan 05, 2015 02:19pm
Ideally speaking, if the political leadership, political and governance institutions (Parliament, Executive PM + (DMG, Police, and Judiciary) were able to deliver then “the Boys” should keep themselves away. Unfortunately, the political elite and civilian governance institutions are corrupt & rotten to the core and have become dysfunctional and irrelevant in the current state of circumstances. They have absolved themselves of their basic responsibilities starting from law and order to providing food, water and education and delegated it to the Boys. In these circumstances is there better alternative we have. I would appreciate if you can guide us on that.
Undoubtedly, there seems to be an overwhelming consensus between citizens, local criminals, and terrorists on the dysfunctional judicial system, police and prosecution. The nation would be glad to know if there is a better alternative, but the military courts seem to be the only feasible option in these circumstances. The nation does not care who does it as long as the monster is dealt with iron hands. What is disturbing is the reluctance of the media to seriously identify, question, and analyze the shortcomings of our judicial system.
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Jan 05, 2015 02:20pm
Disgusting . This country will never improve neither any one has a desire to change ! Shame corrupt people . 10 years you literally fed them by public money . What a waste . Hope some day some leader will born .
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Jan 05, 2015 02:30pm
This happens, when people forget to retaliate for their rights.
We are divided in our home, neighbors, community and as a nation.
Because of this politicians play with our lives.
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Jan 05, 2015 02:34pm
When there was no solid evidence then why the ATC awarded them the death penalty. Is this the justice delivered to the oppressors?
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Jan 05, 2015 02:35pm
Hey, so tell us again how we need to improve the civilian justice system by starting witness protection programs and providing security to judges instead of introducing military courts!
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Jan 05, 2015 02:35pm
How come the death penalty was awarded without solid evidence?? What kind of joke is this.
Only killers have human rights in this country.
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Jan 05, 2015 02:37pm
If court is unable to provide justice then Military court is the only solution. And for this specific case, police should encounter them...
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Jan 05, 2015 02:37pm
That's a huge slap on the face of everyone who was campaigning against military courts and suggesting it to be the imposition of martial law!
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Jan 05, 2015 02:38pm
LOL @ pseudo desi liberals and pseudo intellectuals, hope you know now why normal people are supporting military courts
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Jan 05, 2015 02:53pm
@Abaid
I WILL SAY, "Our Justice won the general humanity again lost".
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Jan 05, 2015 03:11pm
12/16/2014 is already forgotten. Military we need you very badly.
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Jan 05, 2015 03:34pm
I think we should criticize the government here for not providing the sense of security to its citizens, who do you think will provide evidence against these terrorists when the government is unable to provide security to its citizens. Military courts with speedy justice is need of the hour.
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Jan 05, 2015 03:40pm
I firmly believe Pakistani Courts looks for real evidence punish the culprits only. Unlike UASS Courts which targets its innocent citizens based on Race, Color, Religion and National Origin. This is a sign of KAFIRS
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Jan 05, 2015 03:41pm
@Pakistan ki Shaan You have not seen or experienced U.S Courts yet.
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Jan 05, 2015 03:49pm
@Erik So they can convict someone without evidence???
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Jan 05, 2015 03:50pm
@Abaid so they should start killing people despite lack of evidence?
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Jan 05, 2015 04:09pm
its time to remove such corrupt judges from their respected seats.
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Jan 05, 2015 04:13pm
@Pakistan ki Shaan Agree 100%
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Jan 05, 2015 04:13pm
@Erik Agree 100%.
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Jan 05, 2015 04:23pm
@AA
I agree we shouldn't get emotional, however judiciary could have deferred this execution for further evidence or investigation. Acquitting altogether make sense to you??
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Jan 05, 2015 04:27pm
Judges are running scared. Punjab Govt. needs to review theses cases again. How can one set of judges found enough evidence to convict them and next set did not. These judges made a decision to save themselves.
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Jan 05, 2015 04:33pm
@Riaz
I am not legal expert but as a ordinary citizen of the country I am losing the confidence on judiciary, the very same judiciary that took so moto action on things like one bottle of wine and ignored Peshawar tragedy....
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Jan 05, 2015 04:34pm
A lot of truth when a Pakistani lawyer stated, "now in Pakistan you dont need capable lawyers, you need lawyers who have very good chummy relationship with Judges". The Client's, Criminals, or Concerned should have deeper pockets.
This is a new opportunity for many to get rich, its a matter of Life and Death.
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Jan 05, 2015 04:49pm
Disgusted
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Jan 05, 2015 04:50pm
what you can expect more than this from highly corrupt judiciary. They do not need PAKISTAN they Infact, need money. People claim that we have killed people,, judiciary says,, no concrete evidence. Shame on them.
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Jan 05, 2015 04:59pm
One should be careful with the military courts as a lot of innocents are going to be convicted now. The masses are getting driven by emotions and want every one suspected of terror to be punished without even considering the evidence.
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Jan 05, 2015 05:01pm
@Ali Check your words, you said, they might be guilty. Might be is not enough to take someones life mate. And I am sure that was the situation in front of these judges too.
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Jan 05, 2015 05:05pm
No evidence, no conviction. Simple.
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Jan 05, 2015 05:06pm
I do not understand, they where already on dead row, then why they are acquitted now. Is there any thing we do not know.
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Jan 05, 2015 05:20pm
A REASON why we need military courts.
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Jan 05, 2015 07:14pm
So how were they given the death sentence without any solid evidence. This is a joke.
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Jan 05, 2015 07:43pm
Day of shame for Pakistan Judiciary.
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Jan 05, 2015 08:03pm
Judges and their family members are under constant threats from terrorists. How could they deliver justice. This is a failed judiciary. Military! Please come out to help this poor judiciary system.
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Jan 05, 2015 08:59pm
It is another example of the fact that our judicia!l system has failed to deliver and it needs to be overhauled as soon as possible.
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Jan 05, 2015 10:01pm
Here we go again. Yet another example of a failed judicial system. It will be impossible to fix this system. The best way forward is to scrap this system altogether and start anew. This system has brought nothing positive to the people since 1947.
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Jan 05, 2015 10:38pm
And THIS is why we need military courts.
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Jan 05, 2015 10:58pm
Our judiciary has failed us.......how much more proof is needed ?
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Jan 05, 2015 11:12pm
Not surprising considering which group these people belong to and which political party the group supports.
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Jan 06, 2015 12:51am
masha allah,,,,,,ye to hona hi ta,,sub ko hi riha kerdo
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Jan 06, 2015 04:32am
This is the problem with our civil courts. Guilty, Murderers walk away out of civil courts.
The ONLY solution is Military Courts. PERIOD.
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Jan 06, 2015 04:37am
Don't blame the judges for the lapses by the public prosecutors.
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Jan 06, 2015 08:39pm
So court realized 'now' there is not enough evidence. They were sleeping before?
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