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Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Sunday forwarded stabbing victim Khadija Siddiqui's appeal against the acquittal of accused Shah Hussain by the Lahore High Court (LHC) last week to a Supreme Court (SC) bench headed by Justice Asif Saeed Khosa for hearing.
Siddiqui's lawyer Salman Safdar told a two-judge bench headed by the CJP, which was hearing a suo motu case against Hussain's acquittal at the Lahore registry today, that they had already filed an appeal against the acquittal.
Hussain was convicted last year for brutally attacking then 23-year-old law student Khadija with a knife in Lahore. His seven-year sentence by a judicial magistrate had been commuted to a two-year sentence by a trial court in March this year.
He was acquitted by the LHC on June 4, with Justice Sardar Ahmad Naeem in his detailed judgement stating: "The injured witness ordinarily is not disbelieved but the circumstances of this case forced me to disbelieve the injured prosecution witness."
Khadija Siddiqui stated on the rostrum today that her character had been assassinated and asked that justice be served.
The court subsequently forwarded the appeal to a bench headed by Justice Khosa for hearing and fixed the hearing for some time next week.
CJP lashes out at LHCBA resolution
The CJP today also lashed out at the Lahore High Court Bar Association (LHCBA) resolution passed last week which regretted that the top judge had taken suo motu notice of the acquittal of the accused in the Khadija Siddiqui stabbing case.
The unanimous LHCBA resolution, which was passed by Shah Hussain's father Advocate Tanveer Hashmi, had stated that since Khadija had the option of approaching the apex court against the LHC ruling, there was no need for the CJP to have taken notice of the matter based on "propaganda" in social media and electronic media.
The resolution said that all the suo motu notices taken by the SC would be deemed unconstitutional if violation of fundamental rights was not found in them and demanded that a full bench of the SC should devise rules on suo motu powers.
"How did you pass a resolution against the Supreme Court?" the chief justice asked the father of the accused Shah Hussain, Advocate Hashmi. "How did you run a campaign against the court?"
"If this had happened with some lawyer's daughter, would you have behaved the same way?" he asked.
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Jun 10, 2018 01:26pm
shame on Lahore high court judge and the Lahore high court bar
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Jun 10, 2018 01:33pm
SC is great
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Jun 10, 2018 01:34pm
Some powerful party is coming in the way of justice, even managed to exert pressure on Lahore High Court Bar Association. For Bar to pass resolution against the Supreme Court is unbelievable!
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Jun 10, 2018 01:40pm
I say to our honourable CJP: please do more than expressing your concerns, justice must prevail and seen to be same for all, no matter who they are or what is their social and political in society. Public want to see end results and fed up with empty actions - look at previous suo motus taken against Khwaja Asif, Talal Ch, Danal Aziz, etc, and why pending!
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Jun 10, 2018 01:41pm
The issue has the story of our broken judicial system written all over it. Honorable CJ this is indicative of the massive fissures in the system that you own and responsible for. Please fix the judiciary, there may not be any quick fixes but you need to start the process and expedite the process. Short term case by case notices are simply not acceptable response to this grave situation.
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Jun 10, 2018 01:49pm
Well, Advocate Hashmi had selfish motives and ax to grind against the SCP for taking suo motu notice of the case, -which could very well mean, his son could be resentenced for attempted murder and rot in jail for a long time!
Well done, Mr. Chief Justice. There are lawyers who are bending the rules, influencing judges and ruining the reputation of a noble profession - one practices by founding father of the nation, Mr. Jinnah - for personal gains or to conceal their own criminal behavoir. The father of the accused seems to have acted out of need to protect his son from harsh punishment - at all cost. Even denying justice to the victim. That is unacceptable!
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Jun 10, 2018 01:49pm
This whole episode exhibits the rot in the system and the minds of the people. Long sentences should be given to the son-father duo for the actual act and trying to manipulate the judgement using their networks in the judiciary.
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Jun 10, 2018 01:49pm
Mr. Tanveer Hashmi, the father of the accused is the one who tabled the motion in the Lahore High Court Bar Association criticizing the Chief justice. He should be charged with contempt of court. The father also pressured the senior advocates not to take Khadija,s case. These are mafia tactics which the CJP should look into it and his bar credentials should be revoked. This advocate should not be allowed to practice law anywhere in the country.
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Jun 10, 2018 01:53pm
What do you expectvin a society where a law was passed by the majority in the national assembly to allow a criminal/ convict to head , probably, the largest party in Punjab. Samething happened when NAB took action against CM's close confidant in Punjab corruption. Same thing happened here. Why cant the bar / association revoke the license of those who passed thia resolution to protect the criminal?
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Jun 10, 2018 01:57pm
Bravo Bravo CJP. I Salute you again for your truthfulness. Your comments reaching to the heart. There are many such black sheep around us.
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Jun 10, 2018 01:59pm
suo motu powers has been used and are being used on daily basis by CJP on a questionable basis but there was no LHCBA resolution or voice. The resolution only came after they are defending one of their own. What it shows is the motive is beyond addressing the questionable practice of how the law is being applied.
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Jun 10, 2018 02:01pm
I hope this advocate gets disbared for his unethical behavior and clear meddling in the court proceedings to get his son acquited for attempted murder.
This is not how ethical honest lawyers practice law. Moreover, by passing a resolution against the Supreme Court in itself his disrespect for the highest court of the land and challenge to the authority of the Chief Justice.
All this amounts to indication of guilt of the accused. Otherwise his father would not have to go to great lengths to provide cover for his crimes.
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Jun 10, 2018 02:03pm
Khadija will get Justice from the supreme court Inshallah.
Her attacker belongs behind bars for a long time.
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Jun 10, 2018 02:17pm
I am interested in more into the roleof Governor and that LHC judge who give clean chit to the accussed. If thisis not probed then we will see that things happening all the time as accussed father seems to belong to lawyer panel and therefore is part of powerful lobby.
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Jun 10, 2018 02:23pm
“If this happened with a lawyer’s daughter, would you have behaved the same?”
CJP you’re truely earned my respect today sir.
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Jun 10, 2018 02:25pm
Besides other mafias, the lawyers' mafia exists, what a shame!
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Jun 10, 2018 02:31pm
Bravo CJP
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Jun 10, 2018 02:42pm
This is true reality in Pakistan - a perfect example of how influential people can get away with any crime.
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Jun 10, 2018 02:51pm
Contempt of court be served to Shah's Father and his qualification degree be confiscated. Lawyers in Pakistan are actully liers who donot let the justice served to common people. sell their ethics for cash.
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Jun 10, 2018 03:26pm
Now the father should be booked in Contempt de Courte.
For pressurizing the judge, the accused's sentence should be increased.
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Jun 10, 2018 03:27pm
We praise the Suo muto action of CJ.Points to ponder that how DNA findings were ignored as well as if the attacker was not at the crime scene then where was he.His mobile and other forensic examination including digital track will prove his presence.This High Court decision will always be remembered as a black spot in the history of legal justice in Pakistan.
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Jun 10, 2018 03:31pm
This is a total shame. Lawyers, judges, Pakistani males in general, should all be totally ashamed . All evidence supports the case of Khadija. There is no legal basis whatsoever for any decision contrary to this, so on what grounds did the LHC judge 'disbelieve'all this weighty evidence and make such an unjust, indeed deranged decision? This judge should be immediately dismissed and a full and detailed investigation should be opened at once to find out who influenced this person .
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Jun 10, 2018 04:07pm
its a shame that lhcba took side with its lawyer,s criminal son against an innocent wounded female student.
I salute our great hero chief justice Saqib Nisar who took action, lashes out at lhcba discriminatory action and refered the case to bench.
justice will be served now.
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Jun 10, 2018 04:16pm
I say to our honourable CJP: please do more than expressing your concerns, justice must prevail and seen to be same for all, no matter who they are or what is their social and political in society. Public want to see end results and fed up with empty actions - look at previous suo motus taken against Khwaja Asif, Talal Ch, Danal Aziz, etc, and why pending!
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Jun 10, 2018 04:25pm
This shows how the whole bar association can be corrupt.
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Jun 10, 2018 04:27pm
So bar associations are corrupt too.Shame
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Jun 10, 2018 04:38pm
thank goodness for the cjp.
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Jun 10, 2018 04:42pm
@M1 Jamal - Good points.
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Jun 10, 2018 04:44pm
Well done SC. Bravo.
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Jun 10, 2018 04:48pm
The CJP has to do this because of the corrupt system ordinary people have to endure all the time. It's commendable that he has not backed away from the goons of LHC bar association and taken on his own professional community for their corrupt practices.
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Jun 10, 2018 04:55pm
The decision of absolving the son of lawyer by Honourable Judge of LHC is amazing. Laws are only for the poor.I hope that Honourable judges of Supreme Court would do the justice.
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Jun 10, 2018 05:02pm
Pakistan needs Jury Trials. Period.
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Jun 10, 2018 05:11pm
This is a clear case of influence peddling by senior lawyer.And involvement of lahore bar is very unfortunate.SC should stand up to these pressures and provide justice to victim.
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Jun 10, 2018 05:13pm
This proves that corruption, influence and manipulative power has creeped into every nook and corner of the sociocultural fabric in the Islamic Republic of Pakistan. Those who are resourceful, well-connected, rich and powerful, can get away with anything and everything, including getting a shameless"unanimous vote" from the bar council through a resolution, condemning the Suo Motu notice of the Supreme Court against the accused, who stabbed a defenceless, weak and feeble law student and got exenorated by the Lahore High Court. What a grave and great tragedy?
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Jun 10, 2018 05:30pm
What a disgraceful posture of Lahore High Court Bar Association and the conduct unbecoming of the lawyer of the accused charged with the culpable crime. The SCP must take stern action against the father of the accused for violating the santity of the court and interfearence with the independent and fair dispensation of justice. Those, all the members of Bar party to and responsible for unlawful acquittal should be taken to the task and held accountable for crimnal misconduct. The culpable lawyers should promptly be referred to the Supreme judicial council for further action. Needless to say that those who violates the santity of the bench are not fit for the duity and the role of the judgeship. This disturbing trend must not be permitted. It is contrary to principal of dispensing uniform justice with equal rights to all.
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Jun 10, 2018 05:41pm
Justice Sardar Ahmed Naeem should be made an example of, if the CJP wants to do something for this poor nation.
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Jun 10, 2018 05:41pm
My question to Shah Hussain "If this had happened with your daughter, would you have behaved the same way?"
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Jun 10, 2018 05:59pm
Shame Shame LHC Bar. The Bar should be dissolved and new election held.
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Jun 10, 2018 06:00pm
the behavior of both the accused and his father tells a story, of contempt for the law, justice and anyone who gets in the way of their interests. The accused should have his sentence increased and his father should join him in jail for attempting to pervert the course of justice.
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Jun 10, 2018 06:10pm
LHC Judge should be served contempt of court notice. Because his act has severly questioned the credibility of unbiased judgment expected in the room
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Jun 10, 2018 06:54pm
Now we’re talking!
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Jun 10, 2018 06:55pm
This is one of the test case for judiciary.
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Jun 10, 2018 07:14pm
Salute to the Chief Justice of Pakistan. His coming to rescue weaker segments of the society is truly laudable.
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Jun 10, 2018 07:18pm
Our CJP has set an example and shut the mouth of selfish currupt lawyers.
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Jun 10, 2018 08:25pm
@Anti-Corruption_Pakistani you are expecting one man to do the job of a million people. He is single handedly fought so many cases and is trying to bring about a change in a country where corruption and mafias are rampant. Don’t expect him to have a magic stick changing our society. Be patient and let him do his job. Eventually change will come with time InshaAllah
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Jun 10, 2018 08:38pm
The question is did the judge take money?
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Jun 10, 2018 09:06pm
Such a disgrace to the lawyers community.
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Jun 10, 2018 09:16pm
The bar council resolution has a point. Suomoto notice should be confined to cades where a crystal clear breach of some fundamental right has taken place. In khadija case, no fundamental right is involved. Fundamental rights are well defined in our constitution
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Jun 10, 2018 09:22pm
I appreciate the actions taken by the CJP in the true spirit of law. There are three fundamental qualities of a good judge:
1) He should be intelligent and understand the law
2) He should be honest and fair, and impartial in his decisions
3) He should be brave and fearless of the consequences of his verdicts.
Justice Nisar seems to have all the above.
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Jun 10, 2018 09:27pm
Very well done Sir. Now surely justice will be served.
"CJP lashes out at LHCBA resolution" This is need of the hour, they think they can do as they like, no not possible now.
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Jun 10, 2018 10:20pm
Check all the law degrees of all the educational institutions of the country. At least 50% will come out as FAKE.
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Jun 10, 2018 10:28pm
Lahore high court judge also should get punished for supporting criminals.
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Jun 10, 2018 11:01pm
Lahore, the centre of PML-N is full of these sad realities. And then the ex-CM said he wanted to make Karachi another Lahore. No, please don't.
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Jun 10, 2018 11:04pm
This will Pakistan great again!! Inshallah
Once Justice start serving at its Core, the nation lifts itself.
Pakistan Mubarak -
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Jun 11, 2018 12:05am
Why do we need SC's suo moto for every case to have Justice?Isn't it prove that lower courts failed to deliver justice.
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Jun 11, 2018 01:10am
Jus, Naeem do not deserve to be a high court Judge. He clearly did undue favor to accused being a son of a friend and senior lawyer.
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Jun 11, 2018 01:46am
These bars must be abolished and banned in all courts.
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Jun 11, 2018 01:55am
I will fall for CJ if CJ cancelled the license of a lawyer on this pathetic move of LHCBA. Words are not enough
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Jun 11, 2018 02:56am
CJ rightly put it to the father of accused 'If this had happened with some lawyer's daughter, would you have behaved the same way?" he asked'
Khadija's is an exceptional case and there was no harm in taking suo motu action to ensure transparency and fair trial. Father of Shah Hussain appears to have used his position as a lawyer to influence the LHCBA to pass the resolution and pressurise CJ who had done nothing wrong.
When Lawyers' own contribution towards protecting people's rights is very little then why they are discouraging CJ to do so by taking suo motu actions?
Leading lawyers of the land are more interested in making money and securing coveted positions than contributing and making sincere efforts towards protecting people's rights and reforming not fit for purpose outdated laws.
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Jun 11, 2018 03:55am
Cancel the licence of Mr shah
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Jun 11, 2018 05:04am
There is a dire need of cleansing the bad judges from the judiciary. It seems good today that CJP took THE SUO M Notice, but what would happen when CJP retired?
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Jun 11, 2018 05:05am
Advocate Tanveer Hashmi, should be be made an example of by patriot citizens using Direct action. These lawyers - (liars ) are enemies of the people.
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Jun 11, 2018 05:06am
Thanks CJP for taking notice. Justice and prosecution system is broken in Pakistan. Rich and powerful has all powers
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Jun 11, 2018 05:09am
Supreme Court should make an example of this particular advocate by framing new charges of attempted murder and sentencing his son for 15 years in prison for attempted murder. This will teach these influential so called scumbags a lesson
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Jun 11, 2018 05:13am
Justice must not only be done, but must be seen to be done. There is dire need of cleansing the bad judges from the Courts below.
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Jun 11, 2018 06:37am
"If this had happened with some lawyer's daughter, would you have behaved the same way?" he asked...is suo motto illegal ...just wondering...would u have behaved the same way...wonder what that means...some one will out the question unless he is upset about something
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Jun 11, 2018 06:44am
Kudos to the Hon'ble Chief Justice for not only taking suo moto notice but also exhibiting his anguish against Bar association, more so against the advocate father of the crimnal who was instrumental in passing the resolution against the Supreme Court. His remark to the advocate father of the crimnal, " If this crimnal act would have happened with some lawyer's daughter" reveals volume of Justice Nissar's mind and Heart. This Hillarious pronouncement will carry a loud message through the corridors of all the legal establishments of the country
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Jun 11, 2018 07:02am
Violence against women,for whatever reason put forward by those who commit it, & that too in any form is highly dispisable act which must be vehemently condemned by everyone. One get distressed to see that women who refuse marriage to someone get physically & mentally deformed through acid attacks, those who dare to slomnize into marriage of their choice are burnt alive or killed & hundreds other declared as Kari get capital punishments by these so-called jirgas,by so called tribal elites holdings sway over the lives of ignorant & illiterate ordinary members of their tribe.This violence against continues to be committed by those, having political or other clouts, with impunity, because we as a nation instead of abhorring, accept it without raising our voice. In this particular case, it has become a high profile event, because of media which has rightly highlighted this knife attack on an educated girl in broad daylight & that too in an urban setting.She has every right to seek justice
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Jun 11, 2018 07:17am
All over the world, an attorney is an officer of the law and never indulge in a practice apparently unethical or illegal. If complaint is filed to the Bar council for any unethical practice by a lawyer, bar revokes his or her license. Bar councils are regulatory authorities tries to uphold standards of the profession. Unfortunately, as for other institutions in Pakistan, this council is treated by its members as a trade union, which protest on their behalf like hooligans on the street, declare strikes, beat-up law enforcement personnel, even judges in their chambers. These trade unions elect their leaders not on merit but on political grounds. Bar councils in Pakistan are shameful associations of people who flout the law on streets and in courts. These councils needs to be depoliticize, by setting up criteria for election, just like the selection of judges, the head of the Bar should also have the character and standing to enforce the code of conduct.
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Jun 11, 2018 08:03am
I hope the justice will be served by SC
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