SC dismisses review petition in governor case

ISLAMABAD: The Supreme Court Monday dismissed a review petition filed by Mumtaz Qadri, the self-confessed killer of former Punjab Governor Salmaan Taseer, ruling that the petitioner had failed to prove that blasphemy was committed by the deceased.

A three-member bench of the apex court, headed by Justice Asif Saeed Khosa, heard the review petition filed against its judgment.The court upheld the death sentence of Mr. Qadri on October 7 and allowed the federation’s appeal seeking restoration of terrorism charges against the accused.

In a short order, the court dismissed the criminal appeal filed by Mumtaz Qadri against the decision of Islamabad High Court upholding the verdict of trial court awarding death sentence under Section 302 (b) of Pakistan Penal Code (PPC). Later on, Mumtaz Qadri filed a review petition with the Supreme Court.

On Monday, the court also dismissed the review petition, with the ruling that the petitioner had failed to prove that blasphemy was committed by the former Punjab governor.The court also rejected the petitioner’s plea seeking constitution of a larger beach with the ruling that it was the prerogative of the bench either to accept or reject the plea.

The court ruled that when blasphemy was not proved in the instant matter then how a larger bench could be constituted.

The court observed that the review petition was based on misconception with the
reservations that the verdict was announced without examining the documents produced
before it.

The court ruled that the petitioner’s counsel was required to first prove blasphemy in which he failed and therefore documents could not be examined.

Main Nazir Akhtar, counsel for Mumtaz Qadri, argued that the learned bench did not take into account the aspect of Qisas and Hud.

Justice Asif Saeed Khan Khosa however said that it was not the case of Hud but of Tazir.Mian Nazir Akhtar said it was the case of Hud but conditions were not fulfilled. Justice Khosa said if it was the case of Hud then 302-A was to apply which meant death.

Main Nazir contended that Ulema had consistent view on the blasphemy law since 1400 years.“But different Ulema had also opposed it,” Justice Khosa remarked and dismissed the review petition.

Mumtaz Qadri, a former commando of the Punjab Police’s Elite Force, was sentenced to death by the trial court under Section 7 (a) of the Anti-Terrorism Act (ATA) and
under Section 302 (b) of Pakistan Penal Code (PPC) for killing former Punjab Governor Salmaan Taseer in Islamabad’s Koshar Market on January 4, 2011.Qadri had confessed to killing Salmaan Taseer for criticising the blasphemy law.