Qadri’s fate caught between law and faith

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As counsel for former governor Salman Taseer’s killer invokes IHC to consider Islamic teachings before giving a verdict, court makes it clear it cannot go beyond law but pledges to uphold sanctity of Prophet (PBUH)

During the hearing of former Punjab governor Salman Taseer’s murder case on Friday, a two-member bench of Islamabad High Court (IHC), comprising Justice Noorul Haq N Qureshi and Justice Shaukat Aziz Siddiqui, observed a breach in Article 9 of the Constitution under which Mumtaz Qadri, Taseer’s killer, had taken oath.

Justice (r) Mian Nazir Akhtar appeared on behalf of petitioner Mumtaz Qadri while Islamabad Advocate General (AG) Mian Abdul Rauf represented the federation in the court.

Akhtar told the court that the prosecution did not present duty roster in Taseer murder case from where the positions of on-duty police officers of the governor’s squad could be ascertained. No documentary material or evidence has been presented by the police while the statements given by witnesses are also contradictory, he added.

“According to a witness, a conversation had taken place been Qadri and Taseer while another witness denies it. Moreover, no one from Kohsar Market has been made witness by prosecution in this case,” he said.

Upon asked by Justice Qureshi, Qadri’s counsel said that no steps had been taken for recording the statement of Waqas, Taseer’s friend who was present on the occasion.

Moreover, Akhtar apprised the court of the discrepancies in Taseer’s post-mortem.

“Somewhere in the report it has been said that the bullet hit Taseer from the front while somewhere it is written that the bullet hit him on the back,” he said.

“Taseer murder case is not any ordinary case. The entire world has its eyes on Islamabad with reference to this case. Heavy responsibility rests with the court with reference to this case,” he said, adding that Qadri was “not a mad man and due to which he killed Taseer”.

“Any blasphemous act against the Holy Prophet (PBUH) cannot be tolerated. A largely attended meeting was held in Lahore after Taseer’s murder and about 25 leading Ulema supported Qadri and asked for backing him,” he further said, citing that youth like Omar Cheema had also sacrificed their lives for the Prophet (PBUH)’s honour.

Answering a question by the bench, he also said that the court should give decision in conformity with law and constitution but it should also keep in view Islamic teachings.

“Former governor described the blasphemy law as black law but the State took no steps. He started defending Asia Bibi who committed blasphemy openly and he supported her under a foreign conspiracy. He wrote a letter to then president for remitting conviction. Taseer was impressed by Ghamdi and he also said that conviction of Asia Bibi in blasphemy case will bring bad name for Pakistan in comity of nation,” he argued.

During the case hearing, Justice Siddiqui observed that Qadri’s motive behind the murder was clear from his recorded statement. He also reminded the petitioner’s counsel of the breach of Article 9 of the Constitution which Qadri had committed as a policeman by killing the former governor.

The IHC judge said that Taseer had described blasphemy law as black law only because former dictator Gen Ziaul Haq had enacted it. “No record is available against the late governor,” he added.

However, Justice Siddiqui made it clear that the Holy Prophet (PBUH) was the chief executive and the army’s commander and any blasphemy against him cannot be tolerated.

Commenting on petitioner’s counsel’s request to consider Islamic teaching before giving a verdict, Justice Qureshi said that a judge was entitled to issue anyone’s death warrant but he could not do so because he could be gripped by the law.

Concluding the hearing, the court directed the petitioner’s counsel to complete his arguments till Tuesday and adjourned the hearing.

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