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  #21  
Old Wednesday, September 21, 2011
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media and judiciary are the upcoming big guns of this country and they are gradually proving it by giving such poor emotionally driven decisions
en par jo zulm hoyay thay zia ul haq or musharaf duur mai un sab ka badla chun chun kar leen gay yay ab tyyar rahoo specially the bureaucracy :-)
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Media plays vital role but some times it put a good face on even bad news. and that is it's hypocracy
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  #23  
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Excellent decision. Should set a precedent for people who are advocates of this public justice (though they would never want the same for their sons, brother etc).


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Originally Posted by DEVOLUTION GEEK View Post
@ All

This is a politically motivated decision. Those two brothers were the culprits and i think that the court has given a poor decision of hanging those who had killed the rascals in their self defence. I am not favouring the killers, but please go to Sialkot and try to figure out the real story, because the reality is not what the media has shown to you all.
Actually, most of the judges of subordinate judiciary are acting against bureaucracy. This decision of giving a three year imprisonment to a serving DPO, is an example of their mindset. I second "Hamza Salick" as he is a well informed person.
The killers should be given a somewhat milder punishment.
Just to enlighten you, right of self defence is not timeless. It has its own limitations (like when it can be exercised, to what degree it can be exrecised etc etc). To boil it down in one sentence, it was never a case of self defence.
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  #24  
Old Wednesday, September 21, 2011
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A farce called the 'Pakistani courts'!

Ese dysfunctional Judicial system me public justice is the best justice.A totally wrong decision.I for once know that those brothers weren't innocent,and I have no doubts about it.The sentences issued are very harsh.But as someone said,judges beecharey bureaucrats pe appney complexes nahy nikalein gey tw kahan nikaley gey..As if they can survive without the executive..Courts ko nai nai liberty or authority raas nahy aa rhi.
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Originally Posted by Hamza Salick View Post
A farce called the 'Pakistani courts'!

Ese dysfunctional Judicial system me public justice is the best justice.A totally wrong decision.I for once know that those brothers weren't innocent,and I have no doubts about it.The sentences issued are very harsh.But as someone said,judges beecharey bureaucrats pe appney complexes nahy nikalein gey tw kahan nikaley gey..As if they can survive without the executive..Courts ko nai nai liberty or authority raas nahy aa rhi.
I am sure you know why people resorted to burning dacoits alive. Judiciary and Police go hand in hand. You overhaul the whole judiciary, you dont overhaul police and it will do no good. The judiciary gets involved the moment an FIR is lodged. Do judges lodge FIRs?

Plus, to my understanding, the case was one of fasad fil ard. Severe punishments need to be inflicted in such type of cases.
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  #26  
Old Wednesday, September 21, 2011
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Quote:
Originally Posted by Fatima47 View Post
I am sure you know why people resorted to burning dacoits alive. Judiciary and Police go hand in hand. You overhaul the whole judiciary, you dont overhaul police and it will do no good. The judiciary gets involved the moment an FIR is lodged. Do judges lodge FIRs?

Plus, to my understanding, the case was one of fasad fil ard. Severe punishments need to be inflicted in such type of cases.
All institutions need to be re-hauled,and there is no second opinions regarding this.Police is as corrupt as judiciary.Ek instance tw parso me khud daikh k aa rha hun.

You are a lawyer,you would understand the legal side of this case better.To my understanding,someone killing a dacoit+murderer shouldn't be issued with capital punishment.That is very harsh.
One final thought.Executive Magistracy is indispensable to this country.Should be brought back.
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Last edited by Hamza Salick; Wednesday, September 21, 2011 at 01:42 AM.
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Quote:
Originally Posted by Hamza Salick View Post
All institutions need to be re-hauled,and there is no second opinions regarding this.Police is as corrupt as judiciary.
Agreed.

Quote:
You are a lawyer,you would understand the legal side of this case better.To my understanding,someone killing a dacoit+murderer shouldn't be issued with capital punishment.That is very harsh.
One final thought.Executive Magistracy is indispensable to this country.Should be brought back.
But you have also studied Muslim Jurisprudence, dont you see any public interest here?

Its simple Hamza. When we say that only state can penalize a person that means no individual can take law in his own hands, whatsoever the case may be. Law has already provided people with enough of relaxations. Guess what! Once we people used to study PPC, I said it to my facilitator "ma'am there are so many relaxations, how on earth can you ever prove that a person was guilty!" What I mean to say is that courts can foresee what serious implications such incidents give rise to, thats why strict punishments are awarded to set a precedent for rest of the community. The aim is not to be harsh to criminals, the aim to make society learn a lesson. An example is punishment of rape, harabah, theft etc that have been explicitly expressed by Allah in Quran. Why those punishments have to be awarded in public? You know better than me.

As far as awarding imprisonment to DPO is concerned, I do not have much idea (havent studied civil servants act yet).

Btw wasnt it Zulfiqar Cheema who promoted this public justice concept? (I aint being judgemental, just asking.)
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  #28  
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Quote:
Originally Posted by Fatima47 View Post
Agreed.



But you have also studied Muslim Jurisprudence, dont you see any public interest here?

Its simple Hamza. When we say that only state can penalize a person that means no individual can take law in his own hands, whatsoever the case may be. Law has already provided people with enough of relaxations. Guess what! Once we people used to study PPC, I said it to my facilitator "ma'am there are so many relaxations, how on earth can you ever prove that a person was guilty!" What I mean to say is that courts can foresee what serious implications such incidents give rise to, thats why strict punishments are awarded to set a precedent for rest of the community. The aim is not to be harsh to criminals, the aim to make society learn a lesson. An example is punishment of rape, harabah, theft etc that have been explicitly expressed by Allah in Quran. Why those punishments have to be awarded in public? You know better than me.

As far as awarding imprisonment to DPO is concerned, I do not have much idea (havent studied civil servants act yet).

Btw wasnt it Zulfiqar Cheema who promoted this public justice concept? (I aint being judgemental, just asking.)
My only concern is,until such corruption exists in the institutions,and until peoples' trust is restored in them,how can we go about telling people not to punish culprits themselves.I am totally in agreement to you when you say that awarding punishments and carrying them out is the privilege of the state,but is the state functioning properly?I am in favour of a punishment to the people who killed these brothers,but not a harsh one.

Yes it was Zulfiqar Cheema who promoted this concept in Pakistan.He,in turn,took it from India.
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Old Wednesday, September 21, 2011
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Quote:
Originally Posted by Hamza Salick View Post
My only concern is,until such corruption exists in the institutions,and until peoples' trust is restored in them,how can we go about telling people not to punish culprits themselves.I am totally in agreement to you when you say that awarding punishments and carrying them out is the privilege of the state,but is the state functioning properly?I am in favour of a punishment to the people who killed these brothers,but not a harsh one.
When Taseer was gunned down, people were advocating it because they thought that he was a blasphemer and state wont have done justice. I mean this is what happens when we think that institutions are not working properly and people can do whatever they find right. Where I saw many people who were against Ranger that gunned down a youth in Karachi, there were many (particularly those who despised military) who were of the view that he was rightly killed. The long or short of it is that you cannot quell injustice till the time you do not eradicate the root causes which lead to this injustice. But we are the lucky people who have been blessed with a state, the whole set up needs to be overhauled, but before evrything we need to mould our characters. When people think that state is not doing enough and they need to do something, then we see Taliban.


Quote:
Yes it was Zulfiqar Cheema who promoted this concept in Pakistan.He,in turn,took it from India.
Thanks for letting me know.
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Old Wednesday, September 21, 2011
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Quote:
@ Topic

Excellent decision. Should set a precedent for people who are advocates of this public justice (though they would never want the same for their sons, brother etc).

Quote:
Originally Posted by DEVOLUTION GEEK
@ All

This is a politically motivated decision. Those two brothers were the culprits and i think that the court has given a poor decision of hanging those who had killed the rascals in their self defence. I am not favouring the killers, but please go to Sialkot and try to figure out the real story, because the reality is not what the media has shown to you all.
Actually, most of the judges of subordinate judiciary are acting against bureaucracy. This decision of giving a three year imprisonment to a serving DPO, is an example of their mindset. I second "Hamza Salick" as he is a well informed person.
The killers should be given a somewhat milder punishment.
Just to enlighten you, right of self defence is not timeless. It has its own limitations (like when it can be exercised, to what degree it can be exrecised etc etc). To boil it down in one sentence, it was never a case of self defence.
Please don’t try to mince words here! Try to give a concerted definition of the phrase, “Self-defence”. All this started with the issue of self-defence when these two culprit bros. tried to kill the villagers on the petty issue of Cricket match. Although, according to another version, these brothers were killed because of their habitual peccadillos. So whatever the reason was these brothers were not innocent by any means. They were habitual criminals that ought to be punished, but this doesn’t mean that I am favouring the “lynch law”. I just wanted to say that the punishment which was meted to the DPO is the evident of the parochial mindset of subordinate judiciary and this three years of imprisonment of a PSP officer is not justifiable, in this case, by any mean. That judge has simply guillotined the future of an illustrious officer. My father is a senior judge and I have also served in government so I know what these people think about PSPs and DMGs. During their private gatherings; judges, especially the judges of subordinate judiciary, simple make fun of CSPs and their oft-quoted remarks are like:

PHP Code:
“Dekha kaisa maza chakhaya! Apnay aap ko bara DPO/DCO smjhta hai. Judiciary ke samnay koi kuch nhi. Main ne use court room main, wakeeloon ke samnay bari jhar pilaye aur phir retiring room main chai bhi nhi pooche” 
Even most of the senior judges are also subscribing to the view that the punishment given to the DPO and the rest of the police officers is simple a“politically and personally exaggerated” decision, based on the demand of the media and the need of smouldering the inner passions of the judicial officers. The pay and perks of a junior most judicial office is more than a grade 19 DMG officer, but I can’t understand why these people still hate CSPs??
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Last edited by DEVOLUTION GEEK; Wednesday, September 21, 2011 at 05:24 AM.
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