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Thursday April 18, 2024

Right to justice

This refers to the letter, ‘The Shafqat case’ (March 26) by Farid Nawaz in response to my letter, ‘#SaveShafqat’ (March 20). The writer has failed to appreciate the legal gaps – or rather lacunae – I tried to highlight in the Shafqat Hussain case.The most important element of any case

By our correspondents
March 31, 2015
This refers to the letter, ‘The Shafqat case’ (March 26) by Farid Nawaz in response to my letter, ‘#SaveShafqat’ (March 20). The writer has failed to appreciate the legal gaps – or rather lacunae – I tried to highlight in the Shafqat Hussain case.
The most important element of any case against a suspected criminal is the forensic evidence. There is insufficient evidence to prove Shafqat’s guilt. His conviction was based on a confession – which was extracted under coercion and torture. The demand for his retrial is based on the ground that Shafqat had not confessed to his crime before any court. Shafqat had received the death sentence in the kidnap for ransom case but according to PPC 364, 365 and 366, the maximum punishment is 25 years in jail. The civil society is only demanding Shafqat’s right to a free trial. There are some questions that need answers: why did the police set the main culprit in this case free and on which basis? As the writer himself pointed out, the civil society is also in favour of a medical board to determine Shafqat’s age. Why is the federal government using delaying tactics then?
Shafique Kandhro
Karachi