Mirza Tahir Hussain – the ongoing tragedy

I should say that the guy has now been freed and this miscarriage of justice in some way set aright.

Good luck to him

Musa

dear IB -- kudos for boldly self correcting yourself -- but still favoring life time incarceration for the man who went to jail as a care free 18 year young bubbly KID and is now 36 old crushed man -- yet being hanged by a Kangaroo court.

Now tell us why the foreign-born kid shot the driver at dead of the night with the driver`s own revolver?

Since you know someone who is familiar with the case -- what is the motive -- what is possible scenario under which the driver died and why he met his death -- while the kid survived to get to the police station?

Was it a robbery?
Was it a rape?
was it a homicide without cause?
was it an assisted suicide with a cause?
was it deliberate or was it an accidental?
was there a struggle involved?
was there a celebration involved?

was there a reason for the struggle?
was there no reason no struggle?
did the kid want to rape the driver?
or the driver wanted to rape the kid?

In England is there a police record against the killer kid?
In Pakistan is there a police record against the rapist driver?

Tell us why the kid should have a life sentence -- because he killed the driver for fun and ran away to the police station with the driver`s car and driver`s revolver?

or should the man incarcerated for twice his teen years life have prostrated himself before the driver pulled his pants down and ask the Taxi driver -- be my guest?

Re: # 15

IB Saheb

JK. Thats very noble of you. Very few people change their opinion once they have considered the facts.

Most chowkies end up at each other`s throats

Re: # 14
I don`t know how to admit it but I have too!
I did some research on this spoke to someone I know who is part of the investigation in Pindi - what I wrote was totally false - I change my opinion - Mirza suffered a lot ! he should be pardoned but not freed he should be jailed for the rest of his life (full stop)

Re: # 13

IB,

Lets look at the points you made on merit:

Only the relatives of the person who was killed are legally allowed to pardon and no one else should and can stop the hanging

But the question is, and it is becoming increasingly apparant, that he is not guilty of 1st degree murder in the first place. He should not have come upto the Shariah Court in the first place. The whole thing is a travesty of justice. Therefore then it is a duty on the President to pardon him if he sees a miscarriage of justice has taken place. This is a moral and Sharii duty. In this article I was not arguing against Sharii principles, but against their mis-application and the crude way they are enforced.

a) that his ( Mirza Tahir`s) version of story has flaws and contridictions
b) that he has changed his story many times

Name them. Also, Justice Siddiqui said exactly the same about the prosecution case i.e. that it was `mutually annihilating`.

Now is it upto Mirza Sahib to prove his innocence or the prosecution to prove his guilt?

that his fingerprints were found on the trigger

I have never seen this point disputed. This point does not detract from a defence of either self-defence or accidental death and so does not prove of itself 1st degree murder.

d) that even though the taxi driver tried to rob him or sexually assult him - this was no excuse to kill him intensionally ( here intension is important - a first degree charge )

Well if it was self-defence then it was clearly an excuse. In anycase we cannot judge on intention as we were not there. The witnesses produced were found to have given false testimony, and it is likely that there were no witnesses present. There thus appears to be no direct evidence to prove `intention`.

The indirect evidence i.e. the circumstances all point away from intention. There is no clear motive that can be given for him having committed the crime.

plus , the message it would give to the nation is if Tahir is hanged will be :
a) no one is above law regardless of nationality

This is not a game of politics and `messages`. The poor guy has his life on the line and we are debating messages.

Look, why was he tried again after being acquitted. And the very basis on which he was retried (armed robbery) in the Shariah Court was rejected anyway by the same Court. Is this not a clear miscarriage of Justice.

Why did one of the dissenting judges feel the need to issue such a strongly worded statement condemning the way the case had been handled. Is this not a clear miscarriage of justice.

So IB Saheb, I would be grateful if you could reconsider your opinion in view of the above.

I am one of those who are `pro` to Mirza Tahir(s) hanging and are one of the many who are disappointed that President has delayed the hanging . Only the relatives of the person who was killed are legally allowed to pardon and no one else should and can stop the hanging .
The reason why Mirza Tahir should be hanged are as follows:
a) that his ( Mirza Tahir`s) version of story has flaws and contridictions
b) that he has changed his story many times
c) that his fingerprints were found on the trigger
d) that even though the taxi driver tried to rob him or sexually assult him - this was no excuse to kill him intensionally ( here intension is important - a first degree charge )

plus ,
the message it would give to the nation is if Tahir is hanged will be :
a) no one is above law regardless of nationality

Re: # 7
The issue is not whether General Musharraf is better than Benazir or Nawaz Sharif, which is a matter of personal opinion. The point is, General Musharraf is the only person in the world who can save the life of Mirza Tahir Hussain.

If he can abrogate the Constitution (a treasonable offence punishable by death) for personal gain, can he not use the same Constitution to spare the life of an innocent man.

Re: # 7

dear hasan -- your infatuation with Musharraf makes you not see that this column and the posts are not about Musharraf but about that lad Tahir who is to be hanged after rotting in the jail for 18 years for defending himself against being raped.


your Musharraf -- the author of a fiction book called In the Line of Fire -- comes into play because -- legally or illegally -- fortunately or unfortunately -- he happens to be the `president` of the country to whom the writer of this column, the posters, Prince Charles, Camilla , Tony Blair and others are pleading for a presidential pardon to prevent the hanging of a kid who has suffered enough.

and the arrogant pompousass hijacker of a constitutional government who himself kept the Pakistan Constitution in `abeyance` for 7 years is posing like the greatest constitutionalist of Pakistan next to Zaffrullah Khan -- as if we don`t know.

“I cannot violate a court judgment, whether you like the court or not, it’s a court’s judgment and I stick to the law. And we need to find ways of how to handle this situation. I am not a dictator, where I can violate laws, violate the constitution, violate the laws of Pakistan. That cannot be done.”

now tell me Hasan -- from one Hasan to another Hasan, honestly -- do you agree with his pronouncement that -- ``I am not a dictator where, I can violate laws, violate the constitution``? -- that Musharraf is not a dictator -- that he did not violate Pakistan`s law and Pakistan`s constitution in his ’99 coup.....but he will violate both if he pardoned this chap.

Now focusing on Tahir not Musharraf -- can you say loud and clear that the poor kid Tahir does not deserve a presidential pardon from your constitutional President and constitutional COAS General Musharraf -- that it will be perfectly Constitutional to be a COAS and a President at the same time -- but totally Unconstitutional for a Chimera (Aadha teetar aadhee batair) to pardon a victimized kid.

I wrote this rejoinder to your very civilized and seemingly anguished post that why people are always criticizing your idol Musharraf.

especially after all he did to help the country with the 3.7 billion dollars (not rupees mind you) that the CIA gave him for shipping some select Pakistani gentlemen to GITMO -- an economic windfall that poor BB and NS never enjoyed during their pre 9/11 hand-to-mouth days -- as it is happening post 9/11 `manno-salva` days now.

Nobody will be criticizing Musharraf for nothin -- I am sure your good General is going to give you an accounting of what he did with that 3.7 billion dollars Gitmo Money in the Urdu version of his book: Kaisay Bechaa Pakistan -- because no mention -- into whose pocket that 3.7 billion went -- was given in the original version of the book: In the Line of Fire.

cordially hasan

Re: # 7

dear hasan -- your infatuation with Musharraf makes you not see that this column and the posts are not about Musharraf but about that lad Tahir who is to be hanged after rotting in the jail for 18 years for defending himself against being raped.


your Musharraf -- the author of a fiction book called In the Line of Fire -- comes into play because -- legally or illegally -- fortunately or unfortunately -- he happens to be the `president` of the country to whom the writer of this column, the posters, Prince Charles, Camilla , Tony Blair and others are pleading for a presidential pardon to prevent the hanging of a kid who has suffered enough.

and the arrogant pompousass hijacker of a constitutional government who himself kept the Pakistan Constitution in `abeyance` for 7 years is posing like the greatest constitutionalist of Pakistan next to Zaffrullah Khan -- as if we don`t know.

“I cannot violate a court judgment, whether you like the court or not, it’s a court’s judgment and I stick to the law. And we need to find ways of how to handle this situation. I am not a dictator, where I can violate laws, violate the constitution, violate the laws of Pakistan. That cannot be done.”

now tell me Hasan -- from one Hasan to another Hasan, honestly -- do you agree with his pronouncement that -- ``I am not a dictator where, I can violate laws, violate the constitution``? -- that Musharraf is not a dictator -- that he did not violate Pakistan`s law and Pakistan`s constitution in his ’99 coup.....but he will violate both if he pardoned this chap.

Now focusing on Tahir not Musharraf -- can you say loud and clear that the poor kid Tahir does not deserve a presidential pardon from your constitutional President and constitutional COAS General Musharraf -- that it will be perfectly Constitutional to be a COAS and a President at the same time -- but totally Unconstitutional for a Chimera (Aadha teetar aadhee batair) to pardon a victimized kid.

I wrote this rejoinder to your very civilized and seemingly anguished post that why people are always criticizing your idol Musharraf.

especially after all he did to help the country with the 3.7 billion dollars (not rupees mind you) that the CIA gave him for shipping some select Pakistani gentlemen to GITMO -- an economic windfall that poor BB and NS never enjoyed during their pre 9/11 hand-to-mouth days -- as it is happening post 9/11 `manno-salva` days now.

Nobody will be criticizing Musharraf for nothin -- I am sure your good General is going to give you an accounting of what he did with that 3.7 billion dollars Gitmo Money in the Urdu version of his book: In the Line of Misfire. -- because no mention -- into whose pocket that 3.7 billion went -- was given in the original version of the book: In the Line of Fire.

cordially hasan

``DISAPPEARANCES`` IN PAKISTAN

Th fascist military apparatus in Pakistan is kidnapping and murdering Pakistani citizens just like American backed South American dictatorships were causing the ``disppearnace` of their citizens in `80s. What is next? Death Squads? Oh wait we already have them as well.