- President approves summary for 90-day extension in execution of MQM’s convicted hitman Saulat Mirza
- Hanging could be further delayed if govt files fresh FIR into former KESC MD’s murder on basis on new evidence
- Shafqat Hussain gets a 30-day reprieve
Prime Minister Nawaz Sharif called on President Mamnoon Hussain on Friday and discussed at length the future course of action on the Karachi operation and matters related to the criminal elements having links with political parties.
A source privy to the details of the meeting told Pakistan Today that the president has also approved two summaries forwarded by the prime minister seeking postponement of the executions of MQM hitman Saulat Mirza, and Shafqat Hussain for 90 and 30 days, respectively.
The summary calling for a delay of 90 days in the execution of Saulat Mirza proposed that a fresh case may be registered against the mastermind and corroborators of the assassination of former Karachi Electric Supply Corporation (KESC) managing director Shahid Hamid, his driver Ashraf Barohi and guard Akbar Khan in July 1997 in Karachi.
Saulat, being the main accused in the killings, was to be hanged on March 19 but the same night a ‘confessional’ video was aired by local television channels in which the convict had alleged that he had executed the KESC MD on the orders of MQM chief Altaf Hussain at the residence of party leader Babar Ghauri.
Following the political storm created by the video, the execution was delayed for 72 hours citing Mirza’s ‘deteriorating health’. However, the approval of the summary would allow Saulat Mirza another three months to survive and prove his allegations against top politicians of the country.
Although MQM claims that the confessional video carries no legal weight, the summary sent to the premier advises that a Joint Investigation Team (JIT) may be formed to investigate the allegations made in the video.
SHAFQAT HUSSAIN:
The matter of Shafqat Hussain was raised by some non-governmental organisations coupled with civil society activists who were claiming that the accused was only 14 years of age when he was arrested on murder charges therefore he could not be awarded capital punishment.
However, new evidence surfaced on Friday, proving that Shafqat was around 23 years old when he was serving as a security guard and taken into custody for abduction and killing of a child. The picture obtained from police record clearly shows Shafqat carrying his nameplate with heavy moustaches and beard – which reflected that the man was over 20 years of age.
EXECUTIONS STAYED ON SINDH GOVT’S REQUEST:
A well-placed source in the Interior Ministry told Pakistan Today that Mirza’s execution had been halted on a request from the Sindh government.
Following the request, the prime minister himself visited the Presidency and discussed the matter with President Hussain. Matters relating to the Karachi operation and Zarb-e-Azb also came under discussion, the source added.
A source in the Presidency said that there were some technical hitches in halting the execution of both the accused and the Presidency was consulting with the Law Ministry.
“Sindh Governor Dr Ishratul Ibad is cooperating with the federal government for operation against the criminal elements in Karachi and there is no proposal under consideration to sack him. Interior Minister Chaudhry Nisar Ali Khan spoke to the governor on Friday and there was unanimity of views between the two that action against outlaws should continue unabated,” the source added.
The source further said that the Interior Ministry had yet not received any request from any law enforcement agency to put the name of any MQM leader on the exit control list (ECL), however, the ministry was mulling some proposals to remove some procedures of the ECL.
NO LEGAL BAR ON HALTING EXECUTIONS:
Noted jurist Justice (r) Wajihuddin told Pakistan Today that there was no legal bar against halting the execution of the accused once the black warrants are issued by the concerned court.
“Once the punishment is finalised, no timeline is mentioned in the law for carrying out the execution. Normally, the concerned court issue the black warrants and fixes a date for execution. The execution cannot be carried out if any serious health issue arises to the accused. However, if some new evidence surfaces, the execution may be halted,” the former senior judge said.
He said that in case a fresh FIR is lodged on basis of new evidence, there would be no change to the sentence awarded to Saulat Mirza and only new case would be registered against the mastermind and corroborators of the main accused.
“But the government would have to again extend the execution even after 90-day time as Saulat Mirza would have to appear before a magistrate and record his statement against other accused. Later, more time would be needed for cross examination and cross arguments for the new case. But judges are trained enough to handle such legal questions,” he added.
Citing an example from across the border, the judge said that the Indian authorities had halted the execution of Kashmiri freedom fighter Afzal Guru once media had reported new evidence in the case.
Asked whether the video recording of Saulat Mirza was credible evidence against MQM leaders, Justice Wajihuddin said that the recording was not evidence in technical terms.
“A confessional statement has to be recorded by Saulat Mirza before a magistrate under Section 164crpc which also involves new mastermind and abettors and collaborates of the crime. But even it is also not conclusive evidence and in order to make it effective, there should be independent evidence to prove the new charges. New FIR for a partner in crime would have to be registered against others and it would be based on the new evidence. So fresh proceedings would have to be initiated against other MQM leaders and the case would be totally independent from Saulat Mirza’s case,” he maintained.
