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The difficulties the police in this country face in gathering evidence, and prosecutors in mounting a strong case, are seen as the primary reason why so many suspects implicated in all sorts of crimes walk free.
Consider the case of Mumtaz Qadri, who was sentenced on Oct 1, 2011 by an Anti-Terrorism Court and shortly afterwards filed an appeal.
Read: Mumtaz Qadri files appeal against death penalty
The evidence against Qadri, who openly confessed when charged with the gunning down in January that year of the Punjab governor, Salmaan Taseer, could not be more incontrovertible.
*Also read: [Blasphemy law claims another life][2*]
But, more than three years after a guilty verdict, the case is still pending due to the appeal against Qadri’s sentence. Qadri has, meanwhile, set himself up as a ‘religious’ figure, and there is evidence that he has radicalised others including prison staff.
Also read: Mumtaz Qadri, Prison King
Now, with another hearing scheduled before an Islamabad High Court division bench, it seems that the government is having difficulties getting a lawyer to agree to represent the prosecution.
Why this reluctance in what is an open-and-shut case? The reason is simple: fear. Lawyers contacted by this newspaper pointed out that hardly any special protection or security is provided to those who may find themselves in the crosshairs of criminals or extremists on agreeing to take flashpoint cases.
Also read: Govt lawyers not ready to prosecute Mumtaz Qadri
The special judge of the ATC that passed the sentence against Qadri had to leave the country for fear of his life, and at the last hearing of the Qadri case in 2011, large numbers of his supporters gathered outside the IHC.
The threat is real, and society’s tilt towards extreme views is palpable. If this is the situation in this case, the fear factor in others where the men accused belong to violent gangs or militant groups, or are hardened criminals, can only be imagined.
Pakistan’s situation demands effective provisions such as witness, lawyer and judge protection programmes, for those who prosecute or testify are in the end individuals. Without that, there is little hope of winning the long-term battle.
Published in Dawn, January 27th, 2015
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Comments (90) Closed
Jan 27, 2015 02:38am
It won't be inappropriate to quote Maulana Ghamdi regarding this case. He said, that Qadri is guilty on two serious Islamic counts. One is that he murdered an innocent man; and Second is that he killed a person for whose life's security he already had money in his pocket. Ghamdi's video is available on Youtube.
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Jan 27, 2015 03:03am
Hand him over to the military courts and hang him. Simple.
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Jan 27, 2015 06:06am
That's where the problem lies in our justice system. It is so vulnerable by the threats of defendants and their admirers that justice can not be done in a fair and expedited way. Answer is clearly the military courts.
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Jan 27, 2015 08:02am
Law must take its course in the interest of justice and fairplay.
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Jan 27, 2015 08:21am
A large size picture of Qadri is displayed at Missile Chowk Abbottabad where glorification of such a brute killer is highlight of a society in the name of Islam,what law and justice can be expected from the state which cant even protect its judges and dont have guts to hang a murderer. This is my Islamic Republic of Pakistan.
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Jan 27, 2015 08:41am
A perfect example of why the country needs military courts.
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Jan 27, 2015 09:43am
Why does n't Qadri's case fall in the jurisdiction of military court ?
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Jan 27, 2015 10:05am
Military court...military court.....military court.....military court.....military court....where are the people now who say that we don't need them?
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Jan 27, 2015 10:16am
The Judiciary may charge him accordingly and subject to the interpretation of existing blasphemy law. Further, suggesting possible amendments in the law.
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Jan 27, 2015 10:17am
Military court for cases of this nature
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Jan 27, 2015 10:21am
I salute Mumtaz Qadri
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Jan 27, 2015 10:22am
Excellent Editorial.
I hope people in power act beyond their political compromises.
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Jan 27, 2015 10:32am
Send the case to the military court. These are the cases which must be disposed off asap. Delaying them would send a signal of weakness on the part of authority.
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Jan 27, 2015 10:34am
@Imran agree
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Jan 27, 2015 10:37am
Punishing Qadri is the litmus test for the Pakistan's ( including state institutions and establishment) resolve of fighting terrorists . Let us see who blinks !
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Jan 27, 2015 10:43am
His case should be transferred to Military Court for speedy and fearless trial and let the justice serve as it should be. He is guilty on two serious Islamic counts. One is that he murdered an innocent man; and Second is that he killed a person for whose life's security he already had money in his pocket.
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Jan 27, 2015 10:59am
His case can be transferred to a military court and expedited, or his trial can be held in-camera with the identities of judges and lawyers kept strictly confidential like they did in Italy for the mafia. We simply can't afford more delay.
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Jan 27, 2015 11:07am
The appeal proceedings should be taken in-camera and the identity of the prosecution lawyers be kept concealed. Qadri's appeal should be decided without further loss of time to save the judicial system from being rated as 'mockery'.
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Jan 27, 2015 11:14am
Which Qadri they were ever able to punish from this to the one now back in Canada.....so just another Qadri with wings and a self tainted Sainthood.
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Jan 27, 2015 11:15am
Qadri must get what's coming to him and that is justice.
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Jan 27, 2015 11:35am
@Faizan Qureshi
Shame on your ignorance.
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Jan 27, 2015 11:36am
Why not send the case to the military tribunal
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Jan 27, 2015 11:37am
@DAANISH
Any Editorial that glorifies a killer and sends wrong signals to criminals and his supporters should never be published.
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Jan 27, 2015 11:42am
Pakistan needs brute leader like Hajjaj Ben Yousaf of Umyed time to tackle people like Qadri and his supporters. Qadri and his supports will be judged by Allah on the day of judgment where victim will Governer Tasir, Shahid.
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Jan 27, 2015 11:44am
@Faizan Glamorizing what he did is bound to give birth to more Qadris, Peshawars. It is the brutality of the action which is the issue.
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Jan 27, 2015 11:50am
@Imran| The case has to be prepared by the civil administration and shall go to the Military courts through the Ministry of Interior. "Success depends upon previous preparation, and without such preparation there is sure to be failure."
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Jan 27, 2015 12:21pm
If military courts are answer for the fear of criminals, then abolish civilian courts and save money and prestige for the country.
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Jan 27, 2015 12:48pm
Signs of a failing state.... If the important pillar of government is not safe, how can common man get justice. Thats the reason Military courts are being set up. Why is Qadri not tried in the military court. Weakness of government or they are scared !!! Real reason to be concerned. A militarily powerful state with nuclear weapons failing and weapons of mass destruction falling into the hands of terrorists like Qadri.....God bless the region and the world !!!
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Jan 27, 2015 12:49pm
For me he is test case. Decision regarding his trial and sentencing will expose the the Nawaz Sharif's government.
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Jan 27, 2015 12:49pm
For me he is test case. Decision regarding his trial and sentencing will expose the the Nawaz Sharif's government.
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Jan 27, 2015 12:50pm
Again proved, fear stops justice in our society.
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Jan 27, 2015 12:53pm
So Justice Shaukat Siddiqi of ATC is hearing the case of Mumtaz Qadri whom he rewarded with flowers for killing Salman Taseer. At that time shaukat siddiqi was a lawyer and now he is judge but you can never expect justice, Mumtaz Qadri life will be spared for sure.
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Jan 27, 2015 12:55pm
bring him in middle of all peoples let peoples decide his faith, All man from equal faith will deliver the justic let humans decide about this human crime.
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Jan 27, 2015 01:08pm
Military courts is wrong solution from the single point of their being temporary. Justice is not some municipality contract to be completed in some specific time interval. It is a long-term process. Generations have to witness what things go to right direction and what to wrong. The simplest example before us is West, if we could follow them we could succeed easily. However, we wish to go through the experience ourselves then better do that but at least come out of the breaking news syndrome. Today we are with qadris, tomorrow we are with taasir. Media was supposed to cover the vacuum which our poor education leaves, but it is not so. Qadri didn’t come from Mars. He is as much a Pakistan as you and I are. There are hundreds and thousands of qadris is our society. The flowers of the lawyers on qadri and the media giving him prime time news courage with drums and beats in the background music of geo/ary refreshes the faiths of the awaiting qadris.
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Jan 27, 2015 01:19pm
FEAR FACTOR... i give you in writing no one in Pakistan will ever dare to take his case...or prosecute him. Unless he is tried in military courts and it should be kept a total secret....unfortunately no one will be able to do so....It is only the inadequacy of the criminal justice system and lack of their interest that saves heinous criminal from very serious prosecution.While no Muslim worthy of his name would lose his respect for God, the Prophet Muhammad, and other symbols of Islam, he might well refrain from using legal prosecution or violent reaction to those who do not show the same respect. My basis for this claim is nothing other than the holiest source of Islam, the Quran.
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Jan 27, 2015 01:22pm
@Faizan Qureshi cant believe you are saluting a cold blooded murderer. God help us if we have citizens with your views. You should be ashamed of yourself
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Jan 27, 2015 01:26pm
Until such time that a relative peace is established and mass murderers are nearly abolished suspend Civil Courts and let the Military courts handle all violent criminal cases. May be the Civil Courts restricted to financial and similar disputes. If military courts are an answer for the fear of criminals, then abolish civilian courts.
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Jan 27, 2015 01:39pm
If we as a society could not hang this killer, have to accept these types of killers as a court, a judge and punisher, and then, the collapse of the society is evident. This should be the litmus test for the Govt,. whether it wants to turn the gear from extremism and mockery, towards a rational society based on rule of law and prudence. If problem in normal courts, then trial it in Miltary Courts, this could the only case for which we could indolently bear the tragedy of Miltary courts.
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Jan 27, 2015 01:44pm
Devil in disguise.
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Jan 27, 2015 01:53pm
@Yemeen Zuberi But there is another video where majority of Pakistanis and the judicial fraternity/religious scholars support him. Regarding he had the money in his pocket for Salman Taseer's security does not mean that he had to be loyal, for example, if I work for you and see you doing wrong should I keep silence because you pay me. But then murder is murder no question about it. HANG HIM HIGH.
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Jan 27, 2015 02:11pm
When lawyers decide to choose profession, they already know the situation. If they don't have courage then why they chose this profession.
Secondly the civil society who always support taseer should be able to provide a lawyer who can follow the case.
This is a dilemma that mumtaz Qadri got the lawyer but not the government. Shame on you all
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Jan 27, 2015 02:20pm
@Dr.Nasir Ali Bhatti ... Which other well known terrorist was found hiding out in Abbotabad??
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Jan 27, 2015 02:30pm
@Syed Ahmed, Canada. ... Why do you post which country you are living in? Does it make you feel superior to those you left behind in your home country?
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Jan 27, 2015 02:38pm
@Faizan Qureshi
who give him the authority to kill Salman Taseer. under which law. Does quran say to kill a man who is convit of blasphemy.
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Jan 27, 2015 02:46pm
I failed to understand why this psychopath is still languishing in jail both Qadri and Aziz of burqa fame should be executed immediately before they can spoil more innocent people and hence damage the image of Pakistan
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Jan 27, 2015 02:50pm
@Faizan Qureshi shame on your extremist thinking ,you are proud of a killer, does islam allows to kill anyone? I think in islam killing of one man is killing of whole humanity and this man is killer how can be someone be proud of that?
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Jan 27, 2015 02:51pm
@AkhterIqbalKhan Military courts are for two years and in the meantime the criminal justice will be revamped according to the need of time
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Jan 27, 2015 02:54pm
I cant stand seeing his smug, self righteous face. He committed murder and betrayed the man who he swore to protect and now seeks to make himself out to be some sort of religious figure on account of his criminal actions! What is wrong with people in Pakistan? Why do they follow vermin like him?
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Jan 27, 2015 02:56pm
@Sabir In fact he did not commit any blasphemy when uneducated Mullahs started campaign against Mr. Taseer he clearly denied any such thing and clearly expressed his respect and reverence for holy Prophet (PBHU) in many televised interviews there were no reasons for his brutal murder after his clarifications
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Jan 27, 2015 03:01pm
@Jalaluddin S. Hussain and the credibility of Law and Order etc.
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Jan 27, 2015 03:10pm
@Faizan Qureshi - You need to consult a psychiatrist. Obviously you have not only lost your mind but humanity too.
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Jan 27, 2015 03:15pm
this is a challenge for the judiciary.........if they fear to dispense justice......they should pack up and go home.
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Jan 27, 2015 03:15pm
I can not understand the basic point that why Mr. Qadri would like to convert his death penalty to life imprisonment? Mr. Qadri, can go straight to so called Heaven in a span of 10-15 minutes but, he just chicken out and beg for life imprisonment. His case should be forwarded to Military courts.
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Jan 27, 2015 03:22pm
ONLY in Pakistan we can see a murderer being treated by everyone as a hero. PMLN would not touch him. In fact, Rana Sanaullah even had the guts to give excuses as to why Salman Taseer was killed. I wonder Rana Sanaullah would have said the same things if the killed was one of the PMLN brothers?. Hang him and hang him now.
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Jan 27, 2015 03:42pm
@GS@Y In a corrupt and lawless society there no body in the administration you can trust. There got to be many people who do not have any integrity, they will spill out this information for a few rupees.
If it were an honourable Muslim society where a rules means a binding and a law means what it says then there is no problem. But in the situation as we are, low life is very abundent from the lowest level government employee to the so-called professional lawyers. How can anyone trust the Quadri lawyers not to spill the beans.
These are the same people who marched with their black coats on to support the murderer. They do not have any qualms in giving false evidence and coaching witnesses. They are a disgrace to their profession.
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Jan 27, 2015 04:17pm
Army is protecting him!
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Jan 27, 2015 04:25pm
Unless the civilian population is disarmed, rule of law and justice will remain a pipe dream. Without this prerequisite no prizes for guessing which way the fight against terrorism will go.
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Jan 27, 2015 04:25pm
@Faizan Qureshi
You should be tried in a Military Court. Our society should get rid of people like Qadri, and his supporters.
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Jan 27, 2015 04:27pm
@Faizan Qureshi
I think apologists like you should join him at the gallows, If your loyalty is not to Pakistan, you have no right to live there or call yourself a Pakistani.
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Jan 27, 2015 04:43pm
Hang this dead man and his abettors
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Jan 27, 2015 04:45pm
@Faizan Qureshi Misguided and ignorant fool
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Jan 27, 2015 04:50pm
Its funny how ppl fail to mention that had the law been applied & the late governor faced a court for his remarks he most probably wouldn't have been killed.. in that instance the courts and entire (in)justice system were too weak to give justice to asia bibi.. then to hold the late governor to account and now to listen to qadri's appeal. . If i was qadri.. that would be my defence.. if the courts & (in)justice system were doing their job he'd have no motive reason or will to do what he did... what's happened can't be changed but such a defence well made should be done with the aim of forcing the courts into introspection and reform of the system rather than releasing qadri.. lest we forget these r the same courts that released raymond davis after his victims families were forced to accept diyat(paid for by punjab govt) under duress from the isi (federal government).. didn't see any articles against that law.. i wonder why?? But whenever the blasphemy law is misused there's a stream of articles against it.. the fact is every law in pakistan is abused.. the entire system is broken.. but only blasphemy law gets regular editorial space against it.. shouldn't someone be allowed to make the case for the blasphemy law on this media?? Isn't that part of providing a balanced and fair debate to the readership so they can decide? ? or r journalistic ethics put to one side specifically for this one topic???
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Jan 27, 2015 05:02pm
We have had enough on this subject please; Dawn. Let the case reach its logical conclusion without so much hype.
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Jan 27, 2015 05:06pm
@Dr.Nasir Ali Bhatti KPK Chief Minister should be charged for contempt and removed.
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Jan 27, 2015 05:28pm
@Imran very well said and honestly army courts are only solution to this kind of problem our country is facing at present. I can't imagine anything is more powerful than the governament
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Jan 27, 2015 05:50pm
The tilt towards extremism is why our society cannot be rid of Talibans, even if the current military operation is successful. The only solution is to undo the changes made to the constitution and the criminal code in the name of religion including the blasphemy law and the one declaring Ahmedies non-Muslim. And that is not going to happen in the existing atmosphere of religious madness. It is so ironic that we are doing all these ugly things in the name of the most beautiful and merciful religion.
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Jan 27, 2015 06:18pm
Is it still difficult to understand why we need military courts?
This guy is a living shame on the country & its legal system which is seriously undermined in such cases. Just hand him over to military courts...
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Jan 27, 2015 07:11pm
From the foto it looks as if he had done a great service to Islam and people of Pakistan,no remorse for killing a human being .
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Jan 27, 2015 07:21pm
Ghamdi regarding this case. He said, that "Qadri is guilty on two serious Islamic counts. One is that he murdered an innocent man ...". So it's OK to murder if you think the victim is not innocent??? If that's the thinking, no wonder the situation is so dire in the land of the pure
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Jan 27, 2015 07:34pm
@Yemeen Zuberi : brother u beautifully quoted words of Ghamdi.
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Jan 27, 2015 08:21pm
Basic problem is weak judiciary and outdated laws which are not in accordance to our society.Justice cannot be done timely and effectively when most of Pakistan knows how easy it is to manipulate, pressurise and or bribe the LAW.
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Jan 27, 2015 09:43pm
Qadri confessed to the murder of ex governor Taseer, there were numerous witnesses including his fellow security colleagues. Then why has n't he been tried over the years. Taseer was PPP's appointee , Zardari ruled the country for 5 years yet he never pursued the case. I guess same way he pursued his wife, Benazir's murder.
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Jan 27, 2015 09:52pm
It is for people like Mumtaz Kadri that Military Courts were formed. Hnad him over to the Miltary Courts.
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Jan 27, 2015 10:25pm
This rascal has too much support in rural areas of Punjab. Even in big city like Lahore the support is very apparent.
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Jan 27, 2015 10:37pm
When a nation is not lead by leaders the dark forces start filling the gap - well the old saying justice delayed is justice denied is so true in this case. Qadri should be history but moral decay in all sectors of our administration of justice has given this murderer a victory.
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Jan 27, 2015 10:38pm
@faizan qureshi. Get a life you attention seeker.
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Jan 27, 2015 10:46pm
@Faizan Qureshi for what ? for killing an innocent person !
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Jan 27, 2015 11:08pm
I am Indian. Reading all the comments here made me believe humanity still exists in pakistan. Surely there is ray of hope through these educated young generation. They are religious but they are humans.
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Jan 27, 2015 11:12pm
Society has to be motivated to come forward and give evidence which is obligatory on every Muslim. Government should inspire confidence in government machinery to deliver justice. One of the impediment in this matter is absence of Social security or general insurance to support families of victims who die for giving evidence. It is impossible to give fool proof security to the witnesses and their families but government can surely look after the victims families if they die for upholding state writ . Survivors of witnesses who are killed because of giving evidence should be paid at least Rs sixty lacs or more depending on earning potential of victim. This expenditure may look high in the beginning but as more and more criminals are convicted, criminals will be demoralized and there will be great reduction in crime and finally less financial burden on state
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Jan 27, 2015 11:24pm
Military, its time to act on your word. The Judiciary won't take a bullet for you this time.
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Jan 28, 2015 02:19am
Judicial system is polarized all the way down to munshi. When hundreds of lawyer side with the killer Qadri not much can be expected from the justice system of Pakistan.
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Jan 28, 2015 02:36am
Where is Military courts??????????????
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Jan 28, 2015 02:55am
If he is influencing other inmates then he needs to be kept in isolation so that he does not corrupt the others with his stupid philosophy. Once he spends some time in isolation, he will beg to be put with the others. He should then be handed over to the military and the latter will take care of him. He needs to be dealt with just like a terrorist is treated, period.
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Jan 28, 2015 03:50am
@Lucky Star - Where has the editorial glorified the killer?
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Jan 28, 2015 04:41am
So the military courts would act like saudi form of justice or ...? There may be short term results but this is another long term ditch Pakistan is creating
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Jan 28, 2015 05:41am
govt is unable to provide justice, power, gas. petrol, drinking water, collect taxes or education. People get the govt they deserve is a popular saying. Then problem is with the people and blaming govt is neither here nor there.Minister has a point when he says beggars are responsible for petrol shortage. He is comparing common man to beggar and he is part of a govt. elected by common man. Govt it self has been found begging.
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Jan 28, 2015 05:44am
@Faizan needs to be charged as well for promoting hate. I'll salute that action.
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Jan 28, 2015 06:00am
If Qadri is the lover of Prophet that he claims to be the claim demands him to take the death by hanging. He should in fact be taking the death penalty laughing if this is the case. Same goes for the mullah that instigate this act.
Otherwise he is just another POS criminal, killing an innocent on a guarantee that he will be protected against persecution by his instigators, who should also be penalized but roaming free for reasons unknown.
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Jan 28, 2015 06:06am
This guy should be hanged, he has committed a murder.
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Jan 28, 2015 06:42am
How serious is the government in tackling terrorism will be determined by how it handles Maulvi Burqa, Qadri and the murderer of Daniel Pearl. So far it has displayed great timidity.
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