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ISLAMABAD: Chief Justice of Pakistan Justice Anwar Zaheer Jamali on Friday took suo motu notice of Mustafa Kanju's acquittal by a Lahore Anti-Terrorism Court in the Zain murder case.
SC Chief Justice Anwar Zaheer Jamali has taken notice of the acquittal and ordered the ATC to submit the whole record of the case in a sealed envelope.
Related: Zain murder case: Kanju, his guards acquitted
An anti-terrorism court on Tuesday had acquitted Mustafa Kanju, son of former state minister Siddique Kanju, and his four security guards of murder of Zain, an orphan young boy, for lack of evidence, Dawn newspaper had reported,
The prosecutor said the complainant and the witnesses were persuaded to retract their statements. He urged the court to dismiss the acquittal application of the suspects.
The court arrived at this verdict after all the 20 witnesses in Zain murder case, including the complainant and Zain’s uncle Sohail Afzal, failed to identify Kanju as the suspect who killed Zain in Cavalry Ground area.
Also read: Zain murder case: Another witness refuses to identify Kanju
Kanju’s counsel had argued that neither the complainant nor the prosecution witnesses identified his client as suspect adding that the case was registered on political grounds and prosecution had no direct evidence against his client.
ATC-I Presiding Judge Muhammad Qasim, however, allowed the application and acquitted Mustafa Kanju and his guards Sadiq, Asif, Saif and Akram.
Mustafa Kanju and six others were indicted on charges of killing a 16-year-old orphan Zain and injuring Hussain, 18, in Cavalry Ground area.
According to prosecution, Kanju was allegedly drunk when his car hit another car driven by a woman. It said Kanju got infuriated and opened fire.
Punjab Chief Minister Shahbaz Sharif had taken notice of the incident, ordered the arrest of the suspect and announced Rs0.5m for the family of the deceased. He also assured them of the provision of justice.
Read more
On DawnNews
Comments (56) Closed
Oct 30, 2015 04:24pm
Excellent step by CJP
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Oct 30, 2015 04:27pm
Great....At least the CJ has taken sou motu ..... Hope the justice will prevail in this Country and victim / family will get the RIGHT JUSTIC and people with money and in power will learn the lesion that THEY ARE NOT ABOVE THE LAW and this is not a BANANA REPUBLIC. It is Islamic Republic of Pakistan
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Oct 30, 2015 04:31pm
That's encouraging,people were expecting from someone to take suo moto.
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Oct 30, 2015 04:33pm
Good...this murder case was crying out loud to be taken for suo motu notice!
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Oct 30, 2015 04:36pm
Well done CJP,
Hope justice will prevail one day where people will feel safe and secure.
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Oct 30, 2015 04:40pm
Thank you Sire. I hope Zain will get his over due justice now
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Oct 30, 2015 04:46pm
I'm really glad the CJ has taken sou motu as these pathetic politically-connected feudal types often get away with murder. The tragedy is that the bereaved family often accepts "blood money" and decides to drop charges or changes their testimony; corrupt cops are bought and the whole case collapses. Hopefully, the SC will rain justice down on Mr. Kanju!
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Oct 30, 2015 04:47pm
I only hope that SC is also not engaged in cover up exercise. We are losing hope in our judicial system. Money or threats make the judiciary go. Another case in point is that of that Model girl.
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Oct 30, 2015 04:49pm
Great& Right step by the CJ. Now people will have faith in Judiciary & Justice.
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Oct 30, 2015 04:50pm
It’s really very painful and shameful for our society.
I humble request to CJ Sb, Please give Justice on ground reality basis.
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Oct 30, 2015 04:50pm
Such a step will assure people that there is still some hope left otherwise the country seems to have been taken hostage by the mafia gangs who kill innocent citizens and get away with it. Before people take the law into their own hands and start punishing the sinners, the law must intervene and ensure that justice prevails. Don't forget, God is watching!
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Oct 30, 2015 04:55pm
OK. So no witnesses as to murder. What about display of weapon in public, firing of the said weapon, the used cartiridge? This in itself is a terrorost act!!!!!!!
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Oct 30, 2015 05:03pm
A much awaited suo moto..........this case must reach its logical conclusion in a timely manner..........if there is or has to be any semblance of justice in our society.
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Oct 30, 2015 05:15pm
CJ knows this is the point where the people would have lost faith in judiciary. Hope the criminals are punished!
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Oct 30, 2015 05:16pm
CJP did a suo moto ... what next ?.
will they be indicted as it was a day light murder .... whereas Kanju's counsel stating it a case on political grounds, hold no water... as Kanju was not sitting at home, when the guy was shot. so to say.
it was a brazen and power-packed murder on the back of his father's strength to save him. father had saved his son at the cost of a dead boy. these witnesses, proofs are all lame excuses, they all know who murdered him. if none of the witnesses can testify who killed the boy then ?. and why this ATC decision came just within 4/5 months time, whereas very recently several people held under ATC were hanged after 10/15/20 years of prison. why he was saved in a haste ?
CJP we all hope it will not just be a suo moto, these acquitted will be prosecuted until conclusive decision is made and witnesses are tried again free of pressure.
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Oct 30, 2015 05:26pm
People are still living in medieval times in Pakistan, there is no justice for poor while rich and influential make a mockery of law, and all current rulers care about is their political interests.
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Oct 30, 2015 05:45pm
The powerful still in control of our judicial system.
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Oct 30, 2015 05:55pm
Ladies and Gentlemen ! Presenting You the Pakistani Justice.
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Oct 30, 2015 06:01pm
Why is there even a complainer in a murder case? This is from feudalism. So you can kill anyone and as long as no one complaints you are free to go?
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Oct 30, 2015 06:03pm
Great !!!
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Oct 30, 2015 06:21pm
I admire honorable Chief Justice Anwar Zaheer Jamali for standing up to fairness and Justice and also that he is not intimidated by influential politicians. Last three Chief Justices before him had very much disappointed the people of Pakistan.
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Oct 30, 2015 06:27pm
So if nobody is there to witness then you should assume that the victim was not murdered. Everyone knows about the pressure that witnesses have to endure still so much reliance on the same weak witnesses
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Oct 30, 2015 06:49pm
The honorable CJP has done the right thing expected from his high office at this time.
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Oct 30, 2015 06:56pm
Long live Chief Justice of Pakistan for taking cognizance of the fact where not only a poor but orphan 16 years old boy named Zain was killed by powerful Kanju and after some time the killer and his guards were acquitted by a lower court. If one compares the status of Kanju and that of Zain it is crystal clear that both are as apart as earth and sky so the occurrence of the murder and witnesses therefrom can be very well tampered to suit Kanju and hence he was acquitted. It is very sad indeed that poor are always the losers in my beloved Pakistan which is not the case so far Kuwait is concerned which is governed by Al Sabah royal family where not only Kuwait police has always taken action against royal bloods and even Kuwaiti court did not acquit because he is royal blood. I salute again Chief Justice. Iqbal Hadi Zaidi / Kuwait / zaidi4merdiplomat@hotmail.com
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Oct 30, 2015 06:58pm
Now Zain's body turns with thanks to CJ for a potential justice.
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Oct 30, 2015 06:59pm
In Pakistan money and power can buy anything, even chief justie of Pakistan will not be able to able to punish Mustafa Kanju, just wait and see, this case will drag on forever, as usual, there is no justice for poors in Pakistan
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Oct 30, 2015 07:06pm
@Justice. I agree this is the general perception here. The honorable CJP by getting the real culprits punished will no doubt establish the lost faith of his countrymen in judiciary.
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Oct 30, 2015 07:10pm
@Failed Fisherman. Agreed. I feel ashamed of being a part of this society.
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Oct 30, 2015 07:20pm
Wow! For a change, let's see justice being done to save judiciary
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Oct 30, 2015 07:21pm
High time
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Oct 30, 2015 07:40pm
This is good news as it was absolutely clear that threats and money were involved in the witnesses changing their statements.Mr Qasim the presiding judge should also be investigated as there is no way that he would not know that the witnesses were pressurized.
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Oct 30, 2015 07:41pm
Sir, We have high hopes from you. We want this country to remain livable for us and for our children. If monsters like Kanju can tell us in presence of free media and free judiciary that they are still more powerful than law it is a matter of deep concern for all of us. Please do whatever it takes to get justice for not only Zain but all parents and their children who believe in rule of law and want to live in Pakistan.
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Oct 30, 2015 07:42pm
This move was necessary
Lying (perjury) is one of our biggest ills. The prevalence of lying in Pakistan is the first thing I notice whenever I visit Pakistan (young, old all lie).
There is no water in this milk - a lie
The degrees I have submitted are legitimate copies from the HEC approved institution - a lie
I did not witness what happened on that day - a lie
This gas cylinder is full - a lie
Lying has eroded the foundations of our society - and the world notices
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Oct 30, 2015 07:42pm
Justice may be blind but it can see in the dark. Hope Jamalee Saab., will do the justice with the victim. Our society badly need justice for all to restore the confidence of common people in judiciary and in Pakistan as State.
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Oct 30, 2015 07:54pm
God bless CJ.
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Oct 30, 2015 08:16pm
A big question : Why the ATC judge did not pay any heed to prosecutor's pleas that witnesses were "persuaded" to back track ? Can it even be imagined that the Judge is unaware of our society where feudal use own power and influence to suppress the weak?
While hearing the case the CJP needs to ask the ATC judge as to what compelled him to overlook this feudal power factor ? The CJP should also try to ascertain from complainant and all witnesses as to who compelled them to back track from original stance....and the factors (money or threat etc) which made them agree to back track.
Hope CJP will not allow this case to drag on for years and years on.
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Oct 30, 2015 08:16pm
Thank you Chief, We were waiting for that.
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Oct 30, 2015 08:20pm
I am not an Advocate or law expert. But I could not sleep long time in night, due to frustration, the point is that no one is in this world or in Pakistan to listen cry of Zain like boys and their family. Thank you CJ we are all waiting for some favor for Zain.
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Oct 30, 2015 08:21pm
Great Move, this makes me believe Pakistani nation is not a dead nation yet. Still some hope.
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Oct 30, 2015 08:53pm
People will loose hope if they wont get justice
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Oct 30, 2015 08:53pm
Denial of Justice has become a Coommon feature in Our Society!
Interference with Witness is Obstructing or Preverting the Course of Justice and there are no Clear and Specific Laws to deal with Such issues.
Rich get free and poor get chopped and Hanged !
A Very Dangerous Situation!
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Oct 30, 2015 08:54pm
Long live C J of Pakistan.
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Oct 30, 2015 08:59pm
nothing will change if not proven guilty than how can judge give verdict to someone, no witness, not proof, even no plaintiff. and defendant belong to powerful family
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Oct 30, 2015 09:01pm
What an irony, the fact remains that a young boy was killed and fact remains that Mr Kanjo adimitted to firing though not intended to kill the victim. If the police fails to establish the case, it is the fault of police and not the victim's family.
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Oct 30, 2015 09:14pm
I don't know how things work with 'no justice'. SC must force the right implementation of the rule of law.
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Oct 30, 2015 09:15pm
Honorable CJ, please settle cases like these, same as of Shahrukh Jatoi. So some one can listen the lesson and think 100 times before opening of FIRE.
I myself and my several friend are continue in this discussion, that why not to punish all 20 PAID witnesses and send them jail for 10 years not 6 month.
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Oct 30, 2015 09:24pm
@Baaligh Courts have to decide on the evidence before them. Though out of court there is overwhelming evidence but nothing is produced before the Court. In law only evidence before a judge in the trial can be relied upon. Court cannot become a party or decide on the basis of evidence which has not been produced in the Court. ATC judge have tried its best and have given extra chance to prosecution to prove their case. We should not criticise the ATC judge. The judge had not taken the bail until the last prosecution witness. The society in general and the complainant, prosecution witnesses and prosecution are to be blamed, who have compromised with the accused and let the crime go unpunished.
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Oct 30, 2015 10:15pm
OH! God please give justice to the innocent...and help us make laws which give justice and are fair...Ameen
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Oct 30, 2015 10:25pm
We must be optimistic that justice will be done in this case and all other cases and action of the CJ will decide the case on merit and as per law of the land within this year.
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Oct 30, 2015 10:27pm
@ilyas Rightlt said but still there is something wrong with ATC !!! It will soon come out.
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Oct 30, 2015 10:55pm
Well done,CJP,,the symbol of Justice,,,this also shows that when our rulers promise for justice (although they have no concern with fairness), how will be result,
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Oct 31, 2015 12:15am
@Zubaida Khan A murder becomes a state Vs the accused case.It is the duty of the state to prosecute.By inference,it is the duty of the state to see that the genuine witnesses are not influesed/coerced by the defense; if need be the state has to give protection to the witnesses.
How can a society function if the state treats precious lives of its citizens lightly ,does not do its duty and shelves the as unsolved.
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Oct 31, 2015 12:30am
This is a long overdue action finally taken by the CJ. Let us make this a foundation for correcting all legal hurdles easily being created by big-money holders.
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Oct 31, 2015 03:22am
@Baaligh It is an obligation on the government to provide protection to witnesses. An attempt to witness tampering, individuals should be tried in military courts.
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Oct 31, 2015 03:55am
Great news. InshaAllah justice will prevail provided all the government institutions side with the victims and not the power mafie
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Oct 31, 2015 12:53pm
Excellent. Such cases need to be pursued by the state There should be strict punishment for witness who back out from initial evidence. Simultaneously state should provide proper security to witnesses.
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