Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry has remarked that no
one has indemnity in criminal cases. “When indemnity was not given to a
former Prime Minister than how immunity can be given to an MPA”, CJ
said.
CJ has given these remarks while hearing case regarding killing of 12
years old child on Friday, who was killed in Faisalabad during a
marriage ceremony on September 04, 2011.
A two-member bench of SC comprising Chief Justice Iftikhar Muhammad
Chaudhry and Justice Khilji Arif Hussain heard the suo motu notice taken
on giving less compensation amount of 6,50000 rupees instead of
32,000,00 to the hears of 12 years old child Bilal son of Shahid who was
killed in a marriage ceremony in Faisalabad.
During the course of hearing the Deputy Advocate General Khawaja
Junaid and a counsel appeared on behalf of Punjab police and police
officials including SP investigation Mujahid Akbar were also present in
the court.
The counsel for police informed the court that the city police
officer Faisalabad Rai Tahir has been made OSD and summary has been
moved to Chief Minister for appointment of new CPO, adding that the
challan of culprits involve in the murder of minor Bilal has been
presented into the concern court.
CJP showing wonder said that how it had been possible the police did
not arrested culprits from September 05 and after the notice of apex
court now accused have been challaned. Money was also given to heirs
after court notice and PML-N MPA Khawaja Islam forced them to take
money, he added.
Chief Justice said that court cannot intervene into every matter
police has to correct its lacunas, adding that situation would not
change till the appointments of honest police officials and dishonest
officers are main cause of worst situation of law and order.
CJ enquired from SP Mujahid Akbar that whether police had presented
interim challan of final, he re3plied that final challan has been
submitted into the court concern.
Chief Justice showing annoyance said that what kind of official you are even don’t know that final challan always had been submitted after completion of investigation, adding that police still has not recorded the statement of MPA Khawaja Islam, how challan had been submitted in the court?.
Chief Justice showing annoyance said that what kind of official you are even don’t know that final challan always had been submitted after completion of investigation, adding that police still has not recorded the statement of MPA Khawaja Islam, how challan had been submitted in the court?.
Meanwhile the SP prayed that some time may be given to him for action
against MPA, adding that police has sought permission of the court for
take any action against MPA.
CJP again showing annoyance said that tell the court that which law
says that police would seek court permission to take action against big
ones, adding that it was the duty of police to ask question to MPA that
why he is favoring accused and damaging the case investigation.
No police officials dare to take statement of an MPA, why you are
scare of these MPAs, CJ said. Addressing to Attorney General Maulvi
Anwar-ul-Haq chief Justice said that “see these matter a child of poor
citizen had been killed and no one ready to address his grievance if the
son of a high up dies we can see hue and cry in all over the country.
Meanwhile, the Shahid (father of killed Bilal) while weeping said
that his son was killed before his eyes and he remained alive for 15
minutes but no one took him to hospital even he cried on spot to take
him to the hospital, adding that he is a poor electrician and he is
feared that the police may harm him. After ten days of incident the
accused fled to England, he added.
CJ said that he need not to be worry because God is with those who believe on Allah.
Shahid said that he cannot work properly because police always call him on various places. On this court warned that police should avoid to tease him other wise court would take action against responsible.
Shahid said that he cannot work properly because police always call him on various places. On this court warned that police should avoid to tease him other wise court would take action against responsible.
Chief Justice remarked that it is a high profile case a chilled was
killed and culprits have not been arrested by police adding that police
is seeking court permission to take statement of an MPA. He said that
there is no indemnity to anyone, when indemnity was not given to a prime
minister in Zahoor Illahi versus Zulfiqar Ali Bhutto case than how
indemnity can be given to MPA, adding that it matter had earlier come
before the court when Article 248 of the constitution was being discus
in the court.
Chief Justice said that action would be taken against police officers
who didn’t conducted investigation in proper manner, adding that SC has
directed to Chief Justice of LHC for action against Additional session
judge who disposed of the case and granted pre arrest bail to accused.
The counsel for Punjab said that the compensation to the heirs should
be given to the heirs on the date of agreement, adding that SC has
already decided that the matter of Dayet is an agreement of both
parties, it is not the punishment to accuse, so dayat would be given
according to the rate which would be on the date of agreement.
Chief Justice said that if the heirs agreed with accused court would not intervene into that matter.
Meanwhile the court observed that court has to decide legal questions
in related to Dayet and those questions would be decided on next date
of hearing. Later court adjourned the hearing till December 13. SANA
