SC overturns Shah Hussain's acquittal in Khadija stabbing case, orders arrest [Update Post #26]

[Mian]

Knife-attack victim Khadija Siddiqui alleged that Punjab Governor Rafique Rajwana pressurised her to compromise with the attacker, Shah Hussain.

During an interview on a private news channel, Siddiqui said the governor directly approached her, “He told me that the attacker is now guilty and facing jail time so I should compromise and let him go as his future will be destroyed,” adding that “I was shocked by these demands of Rafique Rajwana who himself is a lawyer”.

“If they can convince the Punjab governor, they can easily pressurise the Lahore High Court (LHC) judge,” she added.

During the interview, Khadija Siddiqui further revealed that a sessions judge called her in his chamber and asked Siddiqui to forgive Hussain.

“I was in a state of shock when I was told this and for the next few days I wondered how a judge can say something like this to me,” Siddiqui said, adding that this was mentioned in front of the criminal’s father.

“Upon my refusal, the judge stated that people do compromise even in the murder cases while your case is relatively a ‘small one’,” she stated. “I told him that this is not the case as I now represent the women in our society.”

On Monday, LHC acquitted the attacker of Khadijja Siddiqi, Shah Hussain, who had stabbed Siddiqi 23 times in broad daylight back in May 2016.

Hussain, who had been sentenced to five years in jail by a session court on charges of stabbing Khadija Siddiqi, was set free by the LHC which had earlier reserved their decision on the case.

The LHC, last Friday, had decided to hear the appeal filed by convict Shah Hussain asking for the suspension of his five-year imprisonment in order to be released on bail and serve the remaining sentence out of jail. The appeal was being heard by Justice Sardar Naeem Ahmad. Before this, the session court where the case had first been taken had cut the already reduced sentence from seven years to five years.

The legal team of Khadija Siddiqi led by Hassan Niazi have confirmed to Pakistan Today that they will take the matter to the Supreme Court, vowing that they would not rest until justice would be done.

https://www.pakistantoday.com.pk/20...to-compromise-with-attacker-khadija-siddiqui/

 

[Mian]

Guess the political party of Governor Punjab? PMLN! you guessed it right guys

 

[Asim_khan]

The PPP feminist brigade have been all over this on twitter, trying to tie it in with Judiciary/PTI, let's see their reaction to the fact PMLN have been fingered as the culprits

 

[saeedhk]

This judicial system produces Manzoor Pasteen. People have genuine grievances.

 

[Syed1]

Power of social media.... there was huge furor in the social media over the acquittal of that waste of skin which was picked up by the mainstream media and now CJ has taken notice.


https://www.dawn.com/news/1412212/chief-justice-takes-notice-of-convicts-acquittal-in-khadija-stabbing-case

Chief justice takes notice of convict's acquittal in Khadija stabbing case

Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Tuesday took notice of the acquittal of a man earlier convicted for brutally attacking law student Khadija Siddiqui with a knife.

Justice Nisar has summoned the case's record at the apex court's Lahore registry on Sunday (June 10), according to a press release issued by the Supreme Court.

The top judge's notice comes a day after Justice Sardar Ahmed Naeem of the LHC, through a short order, acquitted Shah Hussain of all charges after accepting his appeal against the five-year sentence handed to him by a sessions court.

The verdict had shocked the nation that had rallied behind the law student's fight for justice after being stabbed 23 times. Civil society activists, journalists, celebrities and political figures took to social media to express disappointment over Hussain's acquittal.

As netizens posted in support of Khadija and expressed outrage over the court verdict, #JusticeForKhadija became the top trend on Twitter in Pakistan.

Shortly after Monday's verdict, Khadija had told Dawn.com that she would appeal the LHC decision in the Supreme Court.

Appearing on DawnNewsTV on Monday night, she expressed shock and disappointment over the acquittal, saying it was "beyond [her] imagination" that someone could get off scot-free after stabbing her 23 times.

Case history
A judicial magistrate had on July 29, 2017, sentenced Hussain to seven-year imprisonment under Section 324 (attempted murder) of Pakistan Penal Code (PPC), two years under Section 337A(i) (causing injuries), five years under Section 337A(ii), one year under Section 337F(i), three years under Section 337F(ii) and five years under Section 337F(iv).

However, a district and sessions court in March this year had commuted the rigorous imprisonment awarded by the trial court to Hussain by two years and set aside other minor penalties.

The trial court in its decision had noted that despite detailed cross-examination of witnesses, nothing came out in favour of the convict.

It further observed that the convict had stabbed the victim mercilessly as severe injuries on her vital body parts clearly established that the convict stabbed her to kill her.

It ruled that ocular account was fully corroborated by the medical evidence and motive had been proved and even confessed to by the convict.

 

[blackanhyellow]

Power of social media.... there was huge furor in the social media over the acquittal of that waste of skin which was picked up by the mainstream media and now CJ has taken notice.


https://www.dawn.com/news/1412212/chief-justice-takes-notice-of-convicts-acquittal-in-khadija-stabbing-case

Chief justice takes notice of convict's acquittal in Khadija stabbing case

On what basis was he acquitted?

 

[Arham_PakFan]

Thank God for all the hue and cry on social media.Now the CJ will hear Khadija out.

 

[Syed1]

On what basis was he acquitted?

Don't know the details but the criminals dad is an influential lawyer and is on good terms with the judges.

 

[blackanhyellow]

Don't know the details but the criminals dad is an influential lawyer and is on good terms with the judges.

Thank god for social media. Otherwise this would get buried under a mountain.

 

[Waseem]

Don't know the details but the criminals dad is an influential lawyer and is on good terms with the judges.

Plus his father is from Multan and so is PMLN's Punjab Governor so brothers helped each other out, who cares about the victim.

NOTHING from so called intellectuals on social media condemning influence of Governor in pressurizing victim. If he was from PTI then we would have seen typical drama "yeh hai tabdeeli"? Imran Khan aur PTI fascist hai, PTI worst thing that ever happened to country blah blah blah

 

[Syed1]

Plus his father is from Multan and so is PMLN's Punjab Governor so brothers helped each other out, who cares about the victim.

NOTHING from so called intellectuals on social media condemning influence of Governor in pressurizing victim. If he was from PTI then we would have seen typical drama "yeh hai tabdeeli"? Imran Khan aur PTI fascist hai, PTI worst thing that ever happened to country blah blah blah

These "intellectuals" are truly something... I've never even seen them condemn the filth that people like Rana Sanuallah spew

 

[Slim]

Keeping all the political mumbo jumbo aside. Maybe the Pakistani attention seeker CJPs for once should look inwards and fixing the terrible justice system in Pakistan.

 

[Mian]

Keeping all the political mumbo jumbo aside. Maybe the Pakistani attention seeker CJPs for once should look inwards and fixing the terrible justice system in Pakistan.

It is Parliament who can change/fix the laws not judges.

 

[Slim]

It is Parliament who can change/fix the laws not judges.

So you are telling me this chief justice is sou mouting everything on earth (like hes baap of everyone) except his own justice system and thats down to the parliament? I absolutely despise how corrupt and pathetic our judiciary is and i am saying this out of my personal experience. I had to go through a case - a simple case of a succession letter and it has taken them months. Just plain horrible.

 

[Syed1]

So you are telling me this chief justice is sou mouting everything on earth (like hes baap of everyone) except his own justice system and thats down to the parliament? I absolutely despise how corrupt and pathetic our judiciary is and i am saying this out of my personal experience. I had to go through a case - a simple case of a succession letter and it has taken them months. Just plain horrible.

Wish you had the same feelings for the corrupt politicians some of whom you love

 

[Mian]

So you are telling me this chief justice is sou mouting everything on earth (like hes baap of everyone) except his own justice system and thats down to the parliament? I absolutely despise how corrupt and pathetic our judiciary is and i am saying this out of my personal experience. I had to go through a case - a simple case of a succession letter and it has taken them months. Just plain horrible.

FYI courts can just interpret law they can't make laws that's the job of parliament and this CJ have been asking parliament many items for the legislation but they are too busy with their mission corruption.

 

[Slim]

FYI courts can just interpret law they can't make laws that's the job of parliament and this CJ have been asking parliament many items for the legislation but they are too busy with their mission corruption.

They can interpret laws, sure but they can also improve processes as well, no?

 

[JaDed]

Wish you had the same feelings for the corrupt politicians some of whom you love

You can vote out politicians, you can't take out judiciary and they are a very closed system.

 

[Syed1]

You can vote out politicians, you can't take out judiciary and they are a very closed system.

The poster I quoted has a problem with corrupt judges but not corrupt politicians, I wonder why.

 

[Slim]

The poster I quoted has a problem with corrupt judges but not corrupt politicians, I wonder why.

Who said i dont have a problem with corrupt politicians? Like [MENTION=137142]JaDed[/MENTION] said that we can vote them out.

 

[Bewal Express]

Who said i dont have a problem with corrupt politicians? Like [MENTION=137142]JaDed[/MENTION] said that we can vote them out.

I am saying it. And you cant vote out crooked politicians, they not only buy elections through blatant bribery, they blatantly rig elections.

 

[Slim]

I am saying it. And you cant vote out crooked politicians, they not only buy elections through blatant bribery, they blatantly rig elections.

Rig elections?..

Are you based in Pakistan?

 

[Bewal Express]

Rig elections?..

Are you based in Pakistan?

Yes rig elections.

 

[Abdullah719]

Khadija case: LHC judge rules prosecution failed to establish attacker's guilt

The detailed judgement behind a controversial Lahore High Court decision to acquit the son of a prominent lawyer accused of mercilessly stabbing a classmate 23 times was issued late Thursday afternoon, with the judge ruling that the prosecution had failed to prove guilt beyond reasonable doubt.

In his detailed judgement in what has become known as the Khadija Siddiqui case, Justice Sardar Ahmed Naeem overturned the earlier conviction of Shah Hussain — who allegedly attacked Khadija for spurning his advances — as he was "forced to disbelieve the injured prosecution witnesses".

He also conceded that this was not an ordinary stance to take as "the injured witness is not normally disbelieved".

Read Khadija Siddiqui's own account of her harrowing experience fighting the case in courts.

The circumstances compelling the judge's disbelief — according to Justice Naeem — were that the attack took place on a thoroughfare in broad daylight but "no independent witness was cited by the prosecution"; that the star witness had denied suggestions that it was a 'high-profile' case, but acknowledged that Tahmina Durani exercised her influence at a later stage and that the investigating officer also said it was a 'high-profile' case.

He also stated that Khadija Siddiqi, the victim and "injured eyewitness", had "not described the true/complete tale"; and that the attack "may have taken place, but not in the manner as described by the eye/injured witnesses".

Justice Naeem also ruled that he believed that, after the attack, Khadija "was in her senses, well oriented in time and space" and so the registration of the first information report (FIR) of the case "against an unknown accused in her presence is a question mark".

"Evidence of eye/injured witnesses, thus, could not be relied upon with any amount of confidence," he stated.

"This aspect of these witnesses had escaped the notice of both the courts below [the two courts which had heard the case earlier] resulting in miscarriage of justice," he ruled before overturning the conviction and ordering that the accused, Shah Hussain, be released forthwith.

Elsewhere, the judge also questioned the late recovery of the knife allegedly used by the attacker — it was taken into possession after five months of the attack — and why it was not blood stained when it was recovered. He also questioned a discrepancy in the color of the helmet worn by the attacker as described by prosecution witnesses.

He also questioned why Khadija had deposed that Hussain harassed her when she "wrote a letter of four pages [...] proposing him for marriage" and had "never complained against the petitioner for any misconduct or harassment" and then ruled that he could not believe her as "the motive set up by the prosecution comes to the ground".

He also 'observed' at one point that "mere presence of injuries would not stamp out that he [the witness] is a truthful witness" and that "it is not a universal rule that each and every word coming from the mouth of the injured person is truth".

From the judge's observations, there were also reasons to believe that the investigating officer may have spoilt the case by failing to secure evidence like the victim's bloodstained clothes and the car upholstery, which might have carried bloodstains (evidence of the attack).

The judge also made much of the fact that Khadija did not immediately name her attacker in the FIR, noting that she had simply stated to the medical officer who first examined her that "a boy" attacked her.

Justice Naeem also refused to believe that she may not have been in a condition to record the FIR promptly on the grounds that she had correctly answered "many medical questions including name, place, time and person" when she was first examined after the attack.

https://www.dawn.com/news/1412621/k...osecution-failed-to-establish-attackers-guilt

 

[Abdullah719]

Lahore High Court orders media to apologise for airing Khadija's claims about judge's bias

The Lahore High Court on Thursday rejected a claim attributed to Khadija Siddiqui — who survived a brutal knife attack at the hands of her fellow student in Lahore two years ago — that she was called into the chambers of a judge for entering into a compromise with her accused attacker, Shah Hussain.

A press release issued by the LHC registrar said "various speculations are being aired in electronic media/social media and published in print media" due to a "news item" regarding the judgement issued by Justice Naeem on Shah Hussain's appeal against the five-year sentence approved for him.

Through a short order, Justice Naeem had on Monday acquitted Hussain, who was earlier convicted for attempted murder of Khadija, of all charges after accepting his appeal against the sentence handed to him by a sessions court.

The registrar referred to an interview earlier this week in which, according to the statement, Khadija claimed that "she was called upon by the honourable judge in his chambers; whereby she was persuaded to enter into [a] compromise with the petitioner/convict [Hussain] in presence of his father".

Although the LHC press release does not say exactly which interview is being referred to, while appearing on DawnNewsTV's show Zara Hat Kay, Khadija was asked to confirm the claim that she was asked by a sessions judge whether she would be open to compromise. Khadija did so, saying the judge — whom she did not name — during the case proceedings had asked her in his chamber whether she would be open to reconciliation with the accused but that she refused the offer.

"She has further speculated that the honourable judge might have been persuaded by the Governor Punjab [Malik Rafiq Rajwana] to pass the judgement of acquittal in favour of the petitioner/convict," the registrar added.

The LHC registrar said the news items based on Khadija's claims are "squarely concocted, frivolous and are being aired/published in electronic/social and print media with a malicious attempt to malign the judiciary as an institution".

"This campaign is not against the honourable judge in isolation rather it is part of the campaign which is being sponsored to malign the judiciary as a whole," the statement said. The registrar condemned the speculations and warned of legal action "against the delinquent".

The LHC registrar directed electronic media outlets to air an apology during prime time for airing the "frivolous news item". The print media, too, was directed to apologise by printing an apology "at front page of the newspaper within three days".

The court registrar directed the Pakistan Electronic Media Regulatory Authority and Press Council of Pakistan to submit compliance reports with regard to the apology.


LHCBA passes resolution by suspected attacker's father

Also on Thursday, the Lahore High Court Bar Association (LHCBA) unanimously passed a resolution tabled by Syed Tanveer Ahmed Hashmi, the father of the accused attacker, Shah Hussain.

In the resolution, Hashmi regretted that Chief Justice of Pakistan (CJP) Mian Saqib Nisar had taken a suo motu notice of the acquittal of his son by the LHC. He stated that since Khadija had the option of approaching the Supreme Court against the LHC ruling, there was no need for the CJP to have taken notice of the matter based on "propaganda" on social and electronic media.

The resolution requested the Bar to demand that the apex court uses its suo motu powers only in the most important cases of public interest. Taking suo motu action on "cases of personal nature" based only on media hype goes against the spirit of Article 184(3) of the Constitution.

The resolution, the contents of which will be placed before the CJP by LHCBA, also demands that a full bench of the top court devises clear rules regarding suo motu notices and that "propaganda" against judges on social/electronic and print media be immediately stopped.

https://www.dawn.com/news/1412631/l...-for-airing-khadijas-claims-about-judges-bias

 

[Abdullah719]

Khadija stabbing case: Shah Hussain arrested from SC premises

ISLAMABAD: Shah Hussain, who stabbed law student Khadija Siddiqui 23 times in Lahore in May 2016, was arrested on Wednesday after the Supreme Court overturned the Lahore High Court (LHC) order regarding his acquittal.

A three-member bench headed by Chief Justice of Pakistan Justice Asif Saeed Khosa heard Khadija's appeal against the LHC's (LHC) acquittal of her attacker and classmate Shah Hussain.

Declaring LHC's acquittal of Shah Hussain as null and void, the top court ordered Shah Hussain's arrest and upheld a decision of a sessions court to sentence him to five years in prison.

As the hearing went under way, CJP Khosa was informed that suspect Shah Hussain was present in court. Justice Khosa remarked, “We want to see whether the LHC’s conclusion was in accordance with the evidence.”

Khadija’s lawyer then told the bench, “The LHC did not see the complete evidence present in the case. Khadija’s sister also appeared as a witness."

The lawyer of the law student continued, “Shah Hussain was Khadija’s classmate and stabbed her 23 times. He even attacked her twice on her neck. According to doctors, Khadija was bleeding when she was brought to the hospital.”

Justice Khosa observed, “Khadija knew the suspect but he was named five days after the incident took place.”

At this, Khadija’s lawyer said that she was not in her senses at the time of the attack. “She had even termed the doctors as strangers,” the lawyer said.

“Shah Hussain planned and only attacked Khadija,” the lawyer continued.

Stating that Khadija’s sister also “delayed naming the suspect”, the chief justice said, “They both were law students, now we should practice law.”

“The most important question is why did Shah Hussain want to kill Khadija? Was this question put on record?” Justice Khosa asked.

“The suspect had a lot of chances to kill. Why did he decide to kill in a crowded area and was this point brought on record?” the chief justice further questioned.

“Stabbings can be a result of provocations, if the boy was interested in the girl then why did he want to kill her?” he added.

Khadija’s lawyer responded, “It is on record that they both were very close to each other. Seven months before the attempted killing, they both ended the relationship.”

“Shah Hussain kept insisting and Khadija kept rejecting. This is a case of insistence and rejection,” the lawyer upheld. “Khadija gained conscience five days after the attack and immediately named Shah Hussain as the suspect.”

The chief justice added that the “recovery memo states that a helmet and two hair were found”. “Was a DNA conducted of the hair?” the chief justice asked.

Khadija’s lawyer responded, “Police said that they sent the hair to the forensic lab but they did not receive it.”

Justice Khosa remarked, “In such cases there are two conditions – one is if not mine then no one’s and the other is that the girl might have something that can be used to blackmail the boy.”

The chief justice further questioned, “Did the prosecution also request to suspend LHC’s decision?”

Khadija’s lawyer then said, “Any decision by the court is acceptable to us other than forwarding the matter to the high court.”

On defence counsel Khalid Ranjha’s request, the chief justice granted Shah Hussain two minutes to present his arguments. “I was nominated because I refused to marry and ended the relationship,” Shah Hussain said. “Khadija expressed reservations over the letters that were sent to me for cross-examination,” he added.

“The prosecution attempted to portray me as a ‘desperate person’,” the suspect further said.

Khadija, who is currently studying in the United Kingdom and arrived in Islamabad earlier this week to attend the hearing, told the court, “Shah Hussain used to emotionally blackmail me.”

When the chief justice asked Khadija regarding the statement she gave to the doctors, the law student replied, “I remember very little and can’t even recall whether I spoke at all or not.”

“I did not even know whether I am alive or not,” she added.

The case
On May 3, 2016, Khadija was stabbed 23 times by Shah Hussain, her classmate on Lahore’s Davis Road. He managed to flee from the scene of the crime but was captured on a mobile camera by an eyewitness.

After the registration of a case, the accused requested a sessions court for bail before arrest, which was turned down. Hussain, whose father happens to be a renowned lawyer, was aided by a number of other lawyers to flee from court premises after his request was turned down.

In September 2016, Hussain's lawyer once again challenged the sessions court verdict in the Lahore High Court, but the court maintained the earlier verdict.

Three days later the accused surrendered himself to police and was sent to prison. He remained behind bars for nearly two months and was subsequently released on December 1, 2016, after the sessions court granted him bail.

Khadija filed an appeal against the court's decision, but it was dismissed.

On July 29, Lahore judicial magistrate sentenced Hussain to seven years in prison, however, on June 4, the Lahore High Court acquitted Hussain. Former chief justice Saqib Nisar took suo motu notice of the acquittal in June 2018.

https://www.geo.tv/latest/225972-kh...ssain-arrested-from-sc-premises?5c48333d50775

 

[Bewal Express]

Justice done- it shows how corrupt the courts are, in particular both LHC and IHC are disgrace. If this had happened to Maryam, would he have got away with it?