Bilal Hamed
Councller (250+ posts)
Javed Choudary in today's program said that in civilized societies people don't take law into their own hand, because if they do then we will have 18 crore courts in Pakistan.
Here are some legal questions for Javed Choudary:
If Someone Violates the LAW and you stop him, Who is Violating the Law - The Violator or You ?
In civilized societies (i.e. societies that have rule of law) the law is equal for everyone i.e. a common man must follow the law. Similarly, the men in police uniforms must follow the law. The policemen can not violate law just because they wear uniforms.
In Texas, USA every person has the right to defend his property from illegal trespassers. So any person in Texas can fire upon someone that enters his property without permission. This holds even for police and law enforcement agencies. Police and law enforcement agencies also need search warrants to enter the property of any individual in Texas. They are not exempt from the law simply because they wear police uniforms.
In 1990, 3 robbers entered a home in Texas. A neighbor called 911, in the meanwhile the robbers completed the robbery and and were running away with the loot. The 911 official told the neighbor to not do anything, but the neighbor took out his gun, ran after the robbers and shot and killed all the 3 robbers. The case went to Supreme Court of Texas. The Supreme Court ruled that: "the homeowner did not act criminally and that basically the burglars took their own lives in their hands when burglarizing the home, etc. No charges were filed."
The Texas Supreme Court ruling tells us that: If a law has been broken, stopping the person who has already broken the law does not constitutes a break of law.
For more details on the Texas Law: http://www.answers.com/Q/In_Texas_can_you_shoot_someone_for_stepping_on_your_property
After discussing the example of Texas, here are some questions for Javed Choudary and everyone who thinks that Imran Khan and the passengers on the PIA plane have broken the law or taken the law in their own hands:
From Texas, we know:
From the Islamabad Police Van incident, we know:
Conclusion: In the Islamabad incident, it was not Imran Khan who broke the law, but the police who broke the law.
From the PIA Passenger vigilantism incident, we know:
Conclusion: In the PIA incident, it was not the passengers who broke the law, but the airline officials who broke the law. In fact the airline officials broke the law twice, firstly by delaying a passenger plane without a valid reason and secondly by permitting passengers to board the plane after the scheduled departure time.
Here are some legal questions for Javed Choudary:
If Someone Violates the LAW and you stop him, Who is Violating the Law - The Violator or You ?
In civilized societies (i.e. societies that have rule of law) the law is equal for everyone i.e. a common man must follow the law. Similarly, the men in police uniforms must follow the law. The policemen can not violate law just because they wear uniforms.
In Texas, USA every person has the right to defend his property from illegal trespassers. So any person in Texas can fire upon someone that enters his property without permission. This holds even for police and law enforcement agencies. Police and law enforcement agencies also need search warrants to enter the property of any individual in Texas. They are not exempt from the law simply because they wear police uniforms.
In 1990, 3 robbers entered a home in Texas. A neighbor called 911, in the meanwhile the robbers completed the robbery and and were running away with the loot. The 911 official told the neighbor to not do anything, but the neighbor took out his gun, ran after the robbers and shot and killed all the 3 robbers. The case went to Supreme Court of Texas. The Supreme Court ruled that: "the homeowner did not act criminally and that basically the burglars took their own lives in their hands when burglarizing the home, etc. No charges were filed."
The Texas Supreme Court ruling tells us that: If a law has been broken, stopping the person who has already broken the law does not constitutes a break of law.
For more details on the Texas Law: http://www.answers.com/Q/In_Texas_can_you_shoot_someone_for_stepping_on_your_property
After discussing the example of Texas, here are some questions for Javed Choudary and everyone who thinks that Imran Khan and the passengers on the PIA plane have broken the law or taken the law in their own hands:
From Texas, we know:
- Can someone enter your property without your permission ? Yes/No. Ans: No
- If you kill someone entering your property without permission, does it constitutes breaking the law or taking law in your own hands ? Yes/No. Ans: No, you are in your right to stop the person from entering your property. He is breaking the law and not you.
From the Islamabad Police Van incident, we know:
- Can police arrest someone without a valid arrest warrant ? Yes/No. Ans: No
- If police tries to arrest someone without a valid arrest warrant, does stopping the police constitutes breaking the law or taking the law in your own hands ? Yes/No. Ans: No, everyone has the right to resist unlawful arrest/detention. If the police is arresting someone without an arrest warrant, its not arrest, its kidnapping. If someone stops the police from arresting people without legal arrest warrants, he is stopping the police from breaking the law. He infact is upholding the law.
Conclusion: In the Islamabad incident, it was not Imran Khan who broke the law, but the police who broke the law.
From the PIA Passenger vigilantism incident, we know:
- Can a passenger plane be delayed for VIP personnel ? Yes/No. Ans: No
- If a common person reaches airport 3 minutes after the departure time of the flight, would he be allowed to board the plane according to airline regulations ? Yes/No. Ans: No, any person who does not reach the airport in time, would be denied boarding onto the flight.
- Can the airline officials allow someone to board a plane even after the departure time of the airplane ? Yes/No. Ans: No, the airline passengers must legally refuse any passengers boarding onto the flight after the departure time of the flight.
- When the passengers refused to allow Rehman Malik and Dr Ramesh to board the plane did they broke the law or took the law into their own hands ? Yes/No. Ans: No, they merely stopped the airline officials from breaking the law by allowing VVIPs to board the plane 2 hours after the scheduled departure time for the flight.
Conclusion: In the PIA incident, it was not the passengers who broke the law, but the airline officials who broke the law. In fact the airline officials broke the law twice, firstly by delaying a passenger plane without a valid reason and secondly by permitting passengers to board the plane after the scheduled departure time.
Last edited by a moderator:
