SC bench formed to hear Khadija’s appeal

| CJP reproves alleged attacker’s father for moving anti-SC resolution in LHCBA

LAHORE - The Supreme Court on Sunday referred stab victim Khadija Siddiqui’s appeal against acquittal of her alleged attacker by Lahore High Court last week to Justice Asif Saeed Khosa-led bench.

Then law student, Khadija was reportedly stabbed by his classmate Shah Hussain repeatedly in a very gruesome way in broad day light on a busy road of Lahore on May 3, 2016.

Her agony came to the spotlight when she was later forced to sit an exam with the alleged attacker.

A two-member bench led by CJP Saqib Nisar was hearing the suo motu notice on alleged attacker’s acquittal, which had surprised everyone and invited a strong reaction from the civil society, the media and the public at large.

Salman Safdar, the counsel of Khadija, informed the bench – including Justice Ijazul Ashan – that they have already filed an appeal against the LHC decision in the apex court.

The victim also appeared before the bench and said that her character had been assassinated and pleaded the court for justice.

The CJP sent the case to another bench headed by Justice Khosa and fixed the hearing for the next week. Justice Saqib expressed serious concerns over a resolution passed by the Lahore High Court Bar Association last week in response to the notice taken by the top court on the acquittal Shah.

Shah’s father Advocate Syed Tanvir Hashmi on Thursday had moved the resolution wherein he criticized CJP’s taking the suo motu in his son’s case and also demanded that the country’s top court make rules on suo motu powers.

"How did you pass a resolution against the Supreme Court?" the chief justice asked Hashmi, who was present in the court.

"How did you run a campaign against the court?" the CJP asked him, further questioning, "If this had happened with some lawyer's daughter, would you have behaved the same way?"

Later, talking to the reporters, Khadija thanked all those who supported her. “I’m confident that justice will done,” she said.

Shah Hussain also spoke to the media and said that filing an appeal was everyone’s right.

“The court acquitted me in the case and I was not proven a convict,” he said. He also said that he was heard (by the court) and if they (plaintiff) had any evidence they should present it before the court.

On July 30, 2017 a judicial magistrate sentenced stabber Shah Hussain to seven years in jail. A sessions court, however, in March this year commuted by two years the rigorous imprisonment awarded by the trial court to Shah and set aside the minor penalties.

In the 12-page detailed judgement on criminal revision moved by Shah, Justice Sardar Ahmad Naeem of Lahore High Court held: “He (Shah Hussain) is given benefit of doubt and acquitted of the charges.”On Thursday, the Lahore High Court had issued a detailed judgement on acquittal of the man convicted on charges of stabbing his classmate Khadija 23 times. The court held the prosecution “failed to establish the case beyond a reasonable doubt”.

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