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Khatija case will probably end in some kind of settlement now as it has gone to Khosa bench .
If you see the CV of khosa sahib on supreme court website , you feel that his association with numerous things seem those of those who are against penal punishment as is there a strong group in the EU countries .
Infact Khosa sahib is known in lawyers community as on the side of the accused and has seemingly acquitted a lot of people in last two years , which is OK but only if dealt with scientifically as well ,
As a matter of fact his rulings in 2014AD in which Saqib Nisar was also part of five member bench about Bail issue regarding section section 91 and section 204 CrPc led to creating a new impossibility of imprisoning a criminal if crime was reported in a private capacity to court and police is under influence of criminal . This was a big boost for criminals as bail was now automatic almost . I can prove this fact with numerous examples .
With Khatija case going to court , a lenient court , a settlement is more likely . It is not possible in long term for courts to go against Bar association resolutions in Pakistan as Bars are clubs from which justice community is not selected but rather elected politically
Many years back a person who later became a law minister of our country pointed an important fact which I did not fully understand at that time . He said that Lawyers think they are above the law . Fact of the matter is that that if a serious analysis and a detailed analysis of property owned by lawyers community is analyzed , one will understand that as to why the judicial community tries to throw away every strong law thorough high court or supreme court orders which is strongly against with qabza groups . Ruling from time to time on illegal dispossession act emanating from Punjab when Khosa was CJ Punjab will well illustrate this point . higher court rulings on section 6 of the IRRO will also illustrate this point that a strong lobby in higher courts is not interested in strong law against illegal occupiers of property as lawyers are in habit of making property out of doubtful things .
The current crisis in Pakistan is not merely a PTI versus PMLN , many other battles are ongoing . I feel that judiciary is trying to take a burden for which it is not equipped to handle . A fundamental change in how judiciary is selected , empowered , and how lawyers are restricted in scope within law is needed . Khatija case examplifies that .
Khadija stabbing case: Appeal against Shah Hussain's acquittal sent to Justice Khosa for hearing
Rana BilalUpdated June 10, 2018
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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.
https://www.dawn.com/news/1413266/k...s-acquittal-sent-to-justice-khosa-for-hearing
Khatija case will probably end in some kind of settlement now as it has gone to Khosa bench .
If you see the CV of khosa sahib on supreme court website , you feel that his association with numerous things seem those of those who are against penal punishment as is there a strong group in the EU countries .
Infact Khosa sahib is known in lawyers community as on the side of the accused and has seemingly acquitted a lot of people in last two years , which is OK but only if dealt with scientifically as well ,
As a matter of fact his rulings in 2014AD in which Saqib Nisar was also part of five member bench about Bail issue regarding section section 91 and section 204 CrPc led to creating a new impossibility of imprisoning a criminal if crime was reported in a private capacity to court and police is under influence of criminal . This was a big boost for criminals as bail was now automatic almost . I can prove this fact with numerous examples .
With Khatija case going to court , a lenient court , a settlement is more likely . It is not possible in long term for courts to go against Bar association resolutions in Pakistan as Bars are clubs from which justice community is not selected but rather elected politically
Many years back a person who later became a law minister of our country pointed an important fact which I did not fully understand at that time . He said that Lawyers think they are above the law . Fact of the matter is that that if a serious analysis and a detailed analysis of property owned by lawyers community is analyzed , one will understand that as to why the judicial community tries to throw away every strong law thorough high court or supreme court orders which is strongly against with qabza groups . Ruling from time to time on illegal dispossession act emanating from Punjab when Khosa was CJ Punjab will well illustrate this point . higher court rulings on section 6 of the IRRO will also illustrate this point that a strong lobby in higher courts is not interested in strong law against illegal occupiers of property as lawyers are in habit of making property out of doubtful things .
The current crisis in Pakistan is not merely a PTI versus PMLN , many other battles are ongoing . I feel that judiciary is trying to take a burden for which it is not equipped to handle . A fundamental change in how judiciary is selected , empowered , and how lawyers are restricted in scope within law is needed . Khatija case examplifies that .
Khadija stabbing case: Appeal against Shah Hussain's acquittal sent to Justice Khosa for hearing
Rana BilalUpdated June 10, 2018
Facebook Count141
Twitter Share
55
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.
https://www.dawn.com/news/1413266/k...s-acquittal-sent-to-justice-khosa-for-hearing
