Re: Musharraf refuses to pardon British murderer
I'd like to understand 3 things - what reason court gave to reverse 2 previous judgement of innocent; why he was not allowed to go after 2 courts said innocent - did police refuse to release? and how Gen.Musharaf can say he is not dictator?
Re: Musharraf refuses to pardon British murderer
again what is the motivation for an 18 yr old brit tourist to kill a local cabbie?
Re: Musharraf refuses to pardon British murderer
^^apparently the case was tried under highway robbery. There's many scenarios one could imagine..kid forgets his wallet, cant pay,taxi driver pulls out gun, scuffle, shot. In the uk there have been instances of people running off from taxis and not trying to pay (usually minicabs). They probably could pay if they wanted to.
But two points about the thead
1) What's Musharraf got to do with this? It's not Musharraf pardoning people, point the finger at the Shariat Court Ulema who past the sentence.
2) The thing that makes this conviction shaky in my opinion is the contrast between the conclusions of the secular courts, and those of the Shariat Courts. It's enough grounds to not be sure about the death sentence.
Re: Musharraf refuses to pardon British murderer
To free Hussain would vindicate the family's humiliation. Thats what they're preventing. To free Hussain would mean to the family : their homosexual son, who raped a child was wrongfully found innocent by the Shariah courts. Now now, wouldnt that be humiliating for everyone? Can you imagine the headlines? "Shariah courts sorry for finding homosexual rapist innocent". Given their world renown rulings in recent history, the Shariah courts dont exactly want to suggest they're idiots again.
For aslong as Shariah will molest legal interpretation, intervention is required. Given the justice system's failure to address the case, the only solution now is Musharraf's intervention. His options range from a retrial to a full fledged pardon. It's upto him what he does, if anything.
Re: Musharraf refuses to pardon British murderer
^^ These arent Musharraf's options. Please do get a clue. Re-trials have already been carried out. Last one I believe was in 2003. Musharraf cannot go now and say, let's have another re-trial because they've already done it. That option has been exercised. What Musharraf can do is say, right, I am the big boss, I'm not a lawyer, but you lot are crazy and have come to the wrong conclusion, and arrest them all. Which would perhaps be an idea, but for this he has to be sure.
Re: Musharraf refuses to pardon British murderer
Badmaashi and nothing else.
[QUOTE]
To free Hussain would vindicate the family's humiliation. Thats what they're preventing. To free Hussain would mean to the family : their homosexual son, who raped a child was wrongfully found innocent by the Shariah courts. Now now, wouldnt that be humiliating for everyone? Can you imagine the headlines? "Shariah courts sorry for finding homosexual rapist innocent". Given their world renown rulings in recent history, the Shariah courts dont exactly want to suggest they're idiots again.
[/QUOTE]
HS Khan you think too much.
Re: Musharraf refuses to pardon British murderer
Khushaalkhan, think a little bit - just a little bit. Does it not tempt the obvious?
Re: Musharraf refuses to pardon British murderer
weak…is there anything in the guys background that indicates this, as ppl have pointed out before, he could have easily headed back to UK, and hid there, btw there would be huge issues in extradition because of the whole death penalty issue.
This whole thing is fishy.
I am also confused about the whole shairah court thing, cant that be challenged, and what is it that they are seeing that the other court did not see. Cant this be appealed in supreme court?
Re: Musharraf refuses to pardon British murderer
You've got to be kidding me.......
And if a similar "innocent" cab driver trys to sexually assault you at gun point would you not defend yourself? And if in the struggle the driver got shot would you be prepared to be "hanged untill death"?
Musharaf should really pull his finger out and step in on this one. And the British Government should be doing alot more to help out.
Re: Musharraf refuses to pardon British murderer
Musharraf cant just wave and sey "oh heck let him go!"
If he is pardoned, a pandora's box of countless similar cases will be opened, where God knows how many have been suffering similarly. To pardon this one just because he is British and Prince Charles appealed for him would be unfair to many others...This is one of the reasons, and this case had been hanging for the past 18 years, our judicial system has been a mess since forever. There must be cases like this pending for longer than 18 years too...Mush cant suddenly take responsibility for everything. The legal system has long been messed up by those who remained in power during the past 60 yrs. Musharraf cant be expected to put his hands into a mess created by others just like that, some serious contemplation and weighing in must be going on, hence the constant delaying in his hanging date...It's a very tricky situation.
Re: Musharraf refuses to pardon British murderer
why not ..he waves things when it comes to complying to foreign request for finding the so called "terrorists" from their countries.
Re: Musharraf refuses to pardon British murderer
yeah why is he not fighting against thee idiot mullahs in the shariah courts, who seem to find the guy guilty even if teh civil courts did not.
maybe he knows that these guys had some kashf or something and know things that are not included in the evidence that the civil courts saw.
Re: Musharraf refuses to pardon British murderer
Finally Mirza Tahir Husain’s death sentence has been converted to a life sentence, but since he’s been in captivity for 18 years, he might be released as the life term ends after 14 years of imprisonment.
I fail to understand whats with the taxi driver’s family, even now they want to go to the SC. How is a taxi driver’s family affording this for 18 years? Plus, why cant they forgive Tahir for their dead son’s reward in the afterlife? All this is quite fishy about the taxi driver’s family. Maybe the investigation into his life, family and character should also be initiated in detail again if and when the SC opens the case.
http://dawn.com/2006/11/17/top7.htm
**Death-row Briton gets reprieve: Driver’s family to move SC
**
By Munawer Azeem
ISLAMABAD, Nov 16: Family members of a taxi-driver killed 18 years ago by a British national have expressed outrage at President Pervez Musharraf’s decision to commute his death sentence and said they would challenge the decision in the Supreme Court. President Musharraf commuted Mirza Tahir Hussain’s death sentence on Wednesday following a well-orchestrated campaign by his family, friends and politicians in Britain. The move came after a series of negotiations by Pakistani officials to persuade the victim’s family to reach a settlement failed.
“It is an unfair and unlawful decision,” Abdul Ghani, father of the taxi-driver, Jamshed Khan, told Dawn. “Not only all the courts in the country had upheld the death sentence but even the president had turned down the mercy petition of the accused earlier this year.”
Mr Ghani said in the present situation all he could do was to … seek justice from the apex court.
Advocate Malik Rab Nawaz told Dawn that the taxi-driver’s relative Sobhat Khan had contacted him regarding the appeal and added that they would contend in the appeal that the president did not have powers to commute the death sentence and it was the prerogative only of the heirs of the deceased to pardon the killer or reach a compromise.
Mr Ghani said Chaudhry Shujaat Hussain and Mushahid Hussain had met him in June to seek pardon for Mr Hussain but he had refused. Federal Interior Secretary Syed Kamal Shah told the media that the ministry had received the president’s order and forwarded it to the Punjab home department which, with the prison staff, would calculate the period Mr Hussain had spent in the jail. He would be released if he had completed life sentence, Mr Shah added.
Technically, Mr Hussain has completed a life term as maximum period of imprisonment under life sentence in the country is 25 years and usually a convict awarded a life sentence is freed after maximum 14 years and Mr Hussain has been languishing in prison for 18 years.
Mr Hussain was 18 when he came to Pakistan in 1988 to see his relatives. He hired a taxi at Islamabad airport to take him to his ancestral town near Chakwal. On the way, according to him, the taxi driver and his accomplice, whom he had insisted on taking along for safety, tried to rob him at gunpoint.
Mr Hussain told the trial court that he snatched the gun which accidentally went off during the scuffle and wounded the driver. He said as the driver’s accomplice had fled, he drove the taxi with the wounded driver to a police station. There he narrated his story to the policemen on duty and handed them the pistol. The driver had died by that time.
The authorities and Mr Hussain’s family had offered a handsome amount as blood money to the deceased’s family under Islamic law but it had refused to accept it and insisted on capital punishment for the convict.
Mr Hussain’s cousin went to the Adyala jail on Thursday to meet him but the jail authorities did not allowed the meeting.
The superintendent of Adyala jail, when contacted, said the jail authorities had not received any order from the interior ministry or the President House, adding t hat the legal process took time.
Mr Hussain’s brother in the UK welcomed the decision of the president and said the family members of Mr Hussain were very happy that they would soon meet him.
“I will come to Pakistan to bring my brother to the UK,” he said, adding that all the family members were waiting to see him.
Federal Interior Secretary Syed Kamal Shah told the media that the ministry had received the president’s order and forwarded it to the Punjab home department which, with the prison staff, would calculate the period Mr Hussain had spent in the jail. He would be released if he had completed life sentence, Mr Shah added.
Technically, Mr Hussain has completed a life term as maximum period of imprisonment under life sentence in the country is 25 years and usually a convict awarded a life sentence is freed after serving a maximum term of 14 years and Mr Hussain has been languishing in prison for 18 years.
Mr Hussain was 18 when he came to Pakistan in 1988 to see his relatives. He hired a taxi at Islamabad airport to take him to his ancestral town near Chakwal. On the way, according to him, the taxi-driver and his accomplice, whom he had insisted on taking along for safety, tried to rob him at gunpoint.
Mr Hussain told the trial court that he snatched the gun which accidentally went off during the scuffle and wounded the driver. He said as the driver’s accomplice had fled, he drove the taxi with the wounded driver to a police station. There he narrated his story to the policemen on duty and handed them the pistol. The driver had died by that time.
Re: Musharraf refuses to pardon British murderer
Thank GOD he's free!
I doubt there'll be any delay now. He's been in the courts for well over 17 years. Mark my word, he'll be home within a few days.
It's dispicable we need international pressure to push reforms. First the rape laws, now this. The islamic courts, to be blunt have not been working up to task. You need to either restructure their powers or scrap them entirely.
Re: Musharraf refuses to pardon British murderer
if anything the media coverage on this case highlighted the incompetant and corrupt police and judicial system in Pakistan which has prosecuted and killed many innocent people like Tahir Hussain.I am glad Musharrf showed the balls to move against these draconian shariah laws which have found many innocent people guilty in Pakistan.It is a defeat for all the Zia ul haq wanna be sick religious bigots in Pakistan.
Re: Musharraf refuses to pardon British murderer
He lost 18 years of his life! The best of years of his life! Allah bless him!
Re: Musharraf refuses to pardon British murderer
Musharraf once again shows his statements of past are lies.
Pushed by the west, he will do whatever they want.
No wonder people don't believe a word he say's.
Re: Musharraf refuses to pardon British murderer
Pushed by the west, he will do whatever they want.
No wonder people don't believe a word he say's.
i didnt see any lies.
Re: Musharraf refuses to pardon British murderer
you sure about that?
he has previously said he was unable to pardon him, then along comes Tony Blair and Prince Charle's, and he does a 90 degree about-turn
Re: Musharraf refuses to pardon British murderer
"I am not a dictator," Gen Musharraf told ITV's Sunday Edition. "I cannot violate a court judgement, whether you like the court or not."
This suggests he is ignorant of his country's constitution, article 45 of which states: "The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority".
The previous relevant quote from this thread