Mumtaz Qadri case can’t be sent to military court: IHC

ISLAMABAD: Hearing an appeal against the conviction of Mumtaz Qadri, a division bench of the Islamabad High Court (IHC) on Tuesday observed that the case could not be shifted to a military court, as it was an appeal and not trial.
Punjab Police cop Mumtaz Qadri had assassinated Governor Punjab Salmaan Taseer on January 4, 2011 in the Kohsar Market, Islamabad, for opposing the blasphemy laws.The bench comprised Justice Noorul Haq N Qureshi and Justice Shaukat Aziz Siddiqui.
Khawaja Mohammad Sharif, legal counsel for Mumtaz Qadri, requested the court for an early disposal of the case, saying that there were some media reports that the case could be shifted to a military court.
“We are the appellate forum, and as per the constitutional amendment, cases can only be transferred from the trial courts,” said Justice Siddiqui.Advocate General, Islamabad, Mian Abdur Rauf, told the bench that they had issued notices to the legal heirs of the deceased governor but none appeared in the court.
He, however, suggested that the court could continue its proceedings, as the formality of summoning legal heirs had been fulfilled.Khawaja Sharif argued that the legal heirs of Taseer were not interested in the case. He further argued that the confessional statement of his client under Section 164 was recorded on oath whereas it was not necessary and that was a procedural flaw.
He further argued that his client had no criminal background and had no enmity with Taseer. He said the prosecution had not recorded the evidence of one Waqas Khan, who was Salmaan Taseer’s host in Islamabad.
He said as per the map of crime scene, Waqas Khan was with Taseer at the time of the incident. Sharif also mentioned the witnesses who were examined before the anti-terrorism court of Rawalpindi during trial.
One of the witnesses was Sheharyar Taseer, son of the slain Salmaan Taseer. Advocate Sharif told the bench that Salmaan Taseer had married a non-Muslim woman who bore him a son, Aatish Taseer. Sheharyar Taseer had testified that he had heard about Aatish Taseer but did not know him personally.
A large number of lawyers were in the courtroom while some supporters of Mumtaz Qadri were outside, chanting slogans. Finding the courtroom small, Justice Noorul Haq N Qureshi said the next hearing will be conducted in a larger courtroom.The court will resume hearing on Wednesday (today) and Khawaja Sharif will continue with his arguments.