Terrorism Convictions

[Irfan Baloch]

May I question your understanding of the law, the judicial system and the criminal justice system? Have you ever followed any case thoroughly? Do you know that Terrorism cases are only "appealed" in the SC, meaning convicted ones appeal against the judgment in the SC under its appellate jurisdiction and the case of an appeal isn't pleading your case again, rather the defence pleads about possible miscarriage of justice, wrong conviction and problems in the earlier judgment rather than the prosecution making it's case again. Please read some basic criminal law before making such a hollow and baseless accusation.

Most people make these kinds of statements for they never have read about the justice system and consider that every case is like appearing before their jirgas/panchiats and still consider the justice system to be some kind of fancy tribal council (tribal as in old and archaic not the tribal areas). For well established reasons, the justice system does not allow the prosecution to accuse the defendant of any new crimes during the case or swing the case to another direction outside the nature of the trial. These things happen in panchaits and tribal courts and that is something our people still wish to see rather than appreciating the reasons for these limitations.



Nothing to do with this issue.

Yes I confess that my understanding of criminal law is very basic.
but whatever I have said is based on what acctually happened in reality

some of the things that the JC did were clear indicators of his personal grudge, i.e suo motu re Lal Mosque and summoning IG Karachi for trafic chaos in karachi to name the few that the honourable cheif justice was just taking a buscuit (to put it midly)

and yes Mr sherif had everything to do with it re financing of the Lawyers movement.

therefore I dont think my allegations were completely baseless and hollow.
I have already agreed with you re the questionable/ ambigious role of the secret agencies & half baked prosecution (for which I dont blame the justice system)
but like any discussion I wanted to highlight that angle of Judiciary Vs Goverment as well

we are to have differing opinions here arent we? this thread will die out in few posts if we all agree in totality and not mention something out of fear that it may not please the few?

thanks for explaining the workings of the justice system to me by the way

 

[M8R]

The solution is very simple.Have a special terrorism act.All terrorists should be prosecuted by Military courts.That will solve 99.5% problem.All guilty executed by bullet in the head.

 

[sparklingway]

some of the things that the JC did were clear indicators of his personal grudge, i.e suo motu re Lal Mosque and summoning IG Karachi for trafic chaos in karachi to name the few that the honourable cheif justice was just taking a buscuit (to put it midly)

No one can rule out bias and personal grudges but overall he has done much for the rule of law in this country. He will be remembered in our history for being an upright judge. This is off-topic though.

and yes Mr sherif had everything to do with it re financing of the Lawyers movement.

Mr Sharif was never donating rather running has parallel one. Finances came from rich and poor lawyers alike.

therefore I dont think my allegations were completely baseless and hollow.
I have already agreed with you re the questionable/ ambigious role of the secret agencies & half baked prosecution (for which I dont blame the justice system)
but like any discussion I wanted to highlight that angle of Judiciary Vs Goverment as well

we are to have differing opinions here arent we? this thread will die out in few posts if we all agree in totality and not mention something out of fear that it may not please the few?

We can agree to disagree on many issue and that is the spirit of democracy, i.e. debate and dissent.

The solution is very simple.Have a special terrorism act.All terrorists should be prosecuted by Military courts.That will solve 99.5% problem.All guilty executed by bullet in the head.

ATCs provide limited, very limited rights to defendants. The burden of proof is on the defendant now. That means that the defence has to prove it is not guilty rather than the prosecution proving the guilt of the defendant beyond a reasonable doubt.

Military courts establish and set extremely wrong precedents and are against the very spirit of a democratic state. We have enhanced the powers of our ATCs and we should seek to prosecute effectively within the law.

Also note that military courts in Pakistan are weak as they are presided over by a judge who has no legal training and especially no experience in criminal justice whatsoever. We wish to reduce intolerance in our society rather than sentencing every accused to death. That is what fascist dictatorships do. We are a progressive nation, we'll hold our head high.

 

[Irfan Baloch]

Well I don't honestly care about these facilities.What i care about is my country.If these pigs kill Pakistanis then they deserve no mercy.Should be executed and that will save a lot of money and time.Putting them through judicial process is a strain on our resources..I mean how are you supposed to go free after bombing HQ of Pakistan Army or attacking some Mosque.I have no sympathy for these people.

Sir
you have a new fan
you dont mince words and I adore you for that

 

[Irfan Baloch]

I'll quote a friend's work here:-

Dr. Usman was acquitted in the Marriott case and the surgeon general case. There’ve been a number of really weird irregularities with him, like why was he released from custody after he he was picked up by the FIA for the marriott case… he then went on to allegedly do the sri lankan team attack & the GHQ attack. Then he was picked up by the army after the GHQ attack and they decided to have their own ‘inquiry committee’ which submitted a report directly to Kayani. So it doesn’t even seem like they ever wanted to prosecute him for the GHQ attack. That’s not negligence, that’s deliberately letting him go which raises major question marks.

The first example is the case of the GHQ attack of 2009. Despite a terrorist being caught alive (which should have been a major source of information and an important tool in preparing the prosecution), the military leadership’s approach to investigating the attack on its own headquarters seemed non-serious. Despite a report being prepared and submitted to General Kayani based primarily on the evidence provided by Dr. Usman (the surviving terrorist), no criminal action was taken against him or any of the individuals or organizations identified in the report.

Now that Dr. Usman has been acquitted of all charges against him and is a free man, just in case ISPR starts whining about the justice system and the courts, let’s remember that the very upmost levels of the GHQ had a chance to review testimony provided by him and so is equally a party to his release.

Here’s the news report from November 2009:

COAS gets investigation report of GHQ attack

Tuesday, November 17, 2009
ISLAMABAD: The investigation report of the last month’s terrorist attack on the General Headquarters, Rawalpindi, has been dispatched to Chief of the Army Staff General Ashfaq Parvez Kayani. During the investigation, most of the information was provided by Aqeel Ahmed alias Dr Usman, the mastermind behind the attack, security sources told Online. The investigation team, comprising senior intelligence officials, was constituted by the Army chief, the sources said.

The report said the perpetrators of the attack had planned to hold some generals hostage to get their demands accepted.

The terrorists stayed in Rawalpindi for a month to gather information and monitor the GHQ, but due to strict security measures, they could not get the information they needed about the GHQ, it said.

No high-profile terrorists were among those arrested from Rawalpindi, Islamabad, Lahore and other areas of the country, but majority of them had assisted the perpetrators of the terrorist attack, the sources said. No Army man or employee of the GHQ was found involved in the attack, directly or indirectly, the sources said.

During the investigation, Dr Usman told the interrogators that they wanted to storm the GHQ on the day of the corps commanders meeting, so that they could hold two generals hostage to get their 100 arrested accomplices, including members of a banned organisation, released, the sources added.

Note: Dr Usman is yet to be nominated in the GHQ Attack case FIR. Why the military does not want to name him is anybody's guess. Perhaps kill him extra judicially or there are other possibilities I will not like to mention.

your post leaves me shocked and speechless. its a great shame really that the authorities cant make up their mind

by the way I thought the captured terrorist on GHQ attack was a drug compounder in Rawalpindi MH is Dr Usman the same person?

 

[sparklingway]

your post leaves me shocked and speechless. its a great shame really that the authorities cant make up their mind

by the way I thought the captured terrorist on GHQ attack was a drug compounder in Rawalpindi MH is Dr Usman the same person?

Name :- Muhammad Aqeel
Alias :- Dr Usman

Worked as a compounder, store incharge and nursing assistant in the Medical Stores and AMC.

The Dr Usman alias comes from the fact that all quacks like to refer themselves to as Dr, and having been around medicine for at least sometime, he considered himself to be a doctor.

 

[Irfan Baloch]

Pakistan Court Rules Against Death Sentence on Killer
Pakistan Court Rules Against Death Sentence on Killer - Xinhua News Agency | Encyclopedia.com
The Supreme Court of Pakistan Monday ruled against death penalty to a member of a Sunni extremist group in the murder of five Iranian cadets in Pakistan three years ago.
A three-member bench of the apex court accepted a petition by Muhammad Asif against his death sentence, awarded to him by the Anti- Terrorism Court in 1998, which was also upheld by Lahore High Court.
Five Iranian Air Force cadets, who were in Pakistan for training, and their Pakistani driver were attacked and killed in Rawalpindi, twin city of the national capital of Islamabad,on September 17, 1997.

Sipah Sahabah:origins of Hate
Article on forming & working & funding of Sipah Sahabah which now represents Al Qaida in Pakistan

 

[Irfan Baloch]

Name :- Muhammad Aqeel
Alias :- Dr Usman

The Dr Usman alias comes from the fact that all quacks like to refer themselves to as Dr, and having been around medicine for at least sometime, he considered himself to be a doctor.

it is frightening that how a simple compunder is transformed into a professional killer with the ability to plan & lead Audacious attacks against the state. His Army background is troubling
that reminds me about the story of one of the captured killers of the Ahmedis.


Killing of the Iranian cadets
source Dawn News
DAWN / NEWS International, Karachi
18 October 1997
Saturday
15 Jamadi-us-Saani 1418

 

[GUNNER]

Aabpara blast suspects acquitted

9 June, 2010

Special Anti-Terrorism Court of Rawalpindi has acquitted 6 suspects accused of suicide attacks on F-8 Courts and Aabpara Chowk in Islamabad.

The suspects were acquitted on lack of evidence.

The suspects were arrested in connection with suicide attacks at District Court Chowk, F-8 Islamabad in July 2007 and a police checkpost near Aabpara Chowk.

The court bombing killed 14 workers of PPP and injured 45 people while the attack on the police checkpost claimed the lives of 6 personnel.

Three suspects were arrested in connection with the district court bombing while the other three were tried in the case of the Aabpara blast.

The Anti-Terror Court acquitted all six accused due to lack of sufficient evidence.

 

[Capt.Popeye]

hmmm

I would say they should be educated behind the prison and should be treated as a special case. These are only 14 year old brainwashed kids who cannot even differ between right and wrong, who does not have the ability to see the picture in broader sense. So there should be a special zone in the prison for such childrens who are educated and well treated behind the prison.

Who knows in future they are changed and come out with the vision of brighter Pakistan - anything is possible in this world and no disagreements please, i have always been taught to "hope for the best" and "prepare for the worst" and i hope BEST

Indeed, your sentiments are spot-on. Ameen.
His age is indeed impressionable and just as he could be motivated to be part of a 'misadventure'; so can he be motivated to share your dream of a better country, indeed a better planet.
Sometimes the effort is more fulfilling than the result.

just my 'chawwani' bit.
http://www.defence.pk/forums/images/smilies/cute/cheers.gif

 

[seekers]

Why are terrorists allowed to go scot-free?

Thursday, 17 Jun, 2010

This is apropos of Amir Wasim’s article “Govt neglect sees law against terror lapse” (June 13). The question is when the Anti-Terrorist (Amendment) Ordinance had not lapsed, was it implemented in letter and spirit, and were terrorists tried, prosecuted and sentenced?

All what we have seen is inaction on the part of the government. Even military operations, in Admiral Muller’s words, should not be used as a last option. Of course, it resulted in the arrest of a large number of terrorists in Swat, Malakand, South Waziristan, Bajaur, Orakzai, Kurram and Tirah Valley. However, the top leadership somehow managed to escape. But why were those who were held not prosecuted?

More than 2,000 terrorists were arrested from Swat, including 139 of their leaders like Muslim Khan and Ibne Amin. However, their trial has not started yet.

Why? The problem probably lies with the political administration, the witnesses and above all the judges, who, perhaps, are so frightened that they do not want to risk their lives and those of their families at the hands of terrorists.
Dr Usman, who was involved in the attack on the GHQ, had earlier been released by the court in the Marriott bombing case. No evidence was found against him, and no witnesses confirmed his involvement. This emboldened him all the more and enabled him to plan the daring attack on the GHQ.

Akram Lahori, a terrorist belonging to the banned organisation Lashkar-e-Jhangvi, is reportedly enjoying perks in a Punjab prison. No trial has been initiated against him. Rather reports had been received that the Punjab administration made a deal with him so as to win the Bakkar by-election. He and terrorists like him call the shots from behind ‘protective walls’.

The same thing happened with Maulana Aziz of Lal Masjid. He might be a soft and tender gentleman, but the fact is his mosque was used to hold the city hostage at gun point. He was arrested and later acquitted by the court. Should this have been the outcome?

Recently terrorists involved in suicide attacks on the Aabpara Police Station and F-8 Markaz were acquitted by the Anti-Terrorist Court. A senior police officer present there said, “I am only doing the job of a pick-n-drop service driver.”

A foreign journalist’s comments posted on a blog are enough to open our eyes. “You in Pakistan become a terrorist, go for a firing spree, get arrested, alleviate your stature and then go scot-free for another day of heroism.”

KAMRAN S. KHALID
Islamabad

DAWN.COM | Letters to the Editor | Why are terrorists allowed to go scot-free?

 

[Bill Longley]

according to a gentleman who was guest in our program Centre Stage with Fahd Husain

Pakistani Courts are courts of Law not court of Justice.

 

[Ahmad]

^^^ sad, but it is not just pakistan, it include all the ME and south asia as well as central asia.

 

[seekers]

Justice in Pakistan is only for chief justice, quick and cheap.

 

[Bill Longley]

Justice in Pakistan is only for chief justice, quick and cheap.

Its elitest system
what is law if there is no Justice?????

Hazrat Ali (AS) Said

Zulm or un justice is that things are not where they are ment to be

when a Public servent becomes Public master

then where is Justice