Khadija Siddiqi’s legal team has said that they are planning to challenge the conviction of Shah Hussain and ask for a harsher punishment because 7-years imprisonment is the minimum possible sentence for the charge.
Speaking to Pakistan Today, Khadija’s lawyer Hassan Niazi said that the matter of appealing the conviction was under consultation and that Khadija along with her legal team would make the call very soon.
It is worth noting that Shah Hussain, who stabbed Khadija in broad daylight near Davis Road, has been charged with and found guilty of attempted murder. The 7-year sentence he has received is the minimum possible sentence for the charge, with the maximum going up to 23 years.
“Shah Hussain has been given what is called a concurrent sentence. It means that despite multiple charges he will be able to serve all his punishments simultaneously” explained Khadija’s lawyer.
He also added that for dangerous criminals that displayed erratic behaviour such as Shah Husssain, the courts should give consecutive sentences to maximise the purpose of the punishment.
Moreover, Hassan Niazi acknowledged that in the Pakistan Penal Code, there were different provisions for attempted murder and the sentences for stabbing, shooting or other methods of physically harming another person differed. However given the severity of the crime and the nature of Khadija’s case, the punishment should probably have been longer, which was why they were seriously considering challenging the conviction and ask for a harsher punishment.
It is pertinent to mention that in cases such as these where the criminal has displayed stalking tendencies and is deeply personally involved in the crime, the courts have the ability to take action as strict as possible. This is because the imprisonment must not only be used as a form of retribution, but also as a tool of deterrence denunciation, and most importantly incapacitation.
Niazi also added that while Shah Hussain being found guilty of attempted murder was a great personal victory for Khadija and a great victory against the undue power exerted by the bar, the matter would once again raise in the next 2-3 months.
“I have been saying from the start that we will be able to secure victory at this stage, however when the case goes to the high court in appeals, that is when we are going to face the real challenge.”
When asked why this was so, the barrister said the high court was where the bar association was the strongest. Shah Hussain, who is the son of influential lawyer Tanvir Hasmi, was being backed by the bar association according to Khadija’s legal team.
“This is the place where the bar is strong. It is their home ground and their bigwigs are going to come out in full support of Shah Hussain and that is when we will need the support of the people the most” said Niazi.
Khadija Siddiqi on Saturday finally received justice for when she was stabbed by her class fellow Shah Hussain 23 times and left fatally injured. The case received wide publicity only after she had been forced to sit an examination in the same room has her assailant. Since then the case became one of wide public interest and the defendants tried using all their influence and including using character assassination as a tactic.
It is yet to be seen whether the fears of Khadija’s lawyers will prove to be true as well as whether they decide to try and get a harsher punishment. Both things are, however, set to become apparent soon.
