Actor Osman Khalid Butt moves SC against acquittal of Qandeel Baloch’s brother – Pakistan

Actor Osman Khalid Butt filed a constitutional petition with the Supreme Court on Monday, and the High Court’s ruling on the sentence of social media star Qandeel Baloch, who was murdered in the murders, was “outline and was acquitted on the grounds that it was illegal. as “violation of the law”.

memorial Serb.comTo overturn the judgment of the Lahore High Court (LHC), which was moved by lawyer Khadija Siddiqui under Article 148(3) of the Constitution and acquitted Muhammad Waseem in the murder of Baloch, and restore the verdict of the trial court that found him guilty. I prayed to the Supreme Court for .

Multan’s Model Court sentenced Waseem to life in prison after pleading guilty to murdering Baloch, who was allegedly killed in his name of honor in 2019. He was acquitted earlier this month after serving less than six years in the LHC.

decision is widely Criticism Attorney General Maleeka Bokhari said on social media that the Justice Department plans to challenge the verdict about a week after the acquittal.

A petition filed with SC on Monday states that the LHC acquitted Waseem on the basis of “compromise” after Waseem moved its application for conviction from the LHC.

read: Qandeel Baloch’s parents announce pardon for son, urge court to close murder case

The petition argued that the LHC’s ruling “allowed perpetrators of honor killings to avoid punishment by seeking forgiveness,” and “essentially supports such barbarism.” As a result, it was argued that the permanent loophole presumed to have been corrected by the 2016 Criminal Act Amendment (Crimes Using Honor or Honor as an Excuse) Act was nullified in light of the original judgment, enabling a regressive interpretation of the law. .

“Furthermore, having accepted the aforementioned Settlement, no one is in a position to challenge the accused’s undue innocence to proceed on behalf of the deceased and to infringe upon the rights of the general public without respect for the equal application of the law. There isn’t. Confidence, faith and trust in our criminal justice system,” he wrote in the petition.

The petition, outlining the various aspects to be considered in relation to the case, said the LHC’s ruling was “simple, unlawful, and legally bad” and “responsible for abandoning” it.

The petition alleges that the High Court judge “did not adequately take into account the established principles of the accused’s innocence” and that the court “accepted Waseem’s appeal of innocence in an arbitrary and erroneous manner without an assessment of the material facts of the time.” claimed to have taken case”.

The judgment was “the result of misreading and not reading the data in the file.”

“While expanding the interests of suspicion to the suspect… [the court] “The petition has diminished the salient features that make the prosecution case credible and credible,” he said, adding that it did not substantively use sufficient evidence in the records to prosecute the accused.

This claim is fasad-fil-arz (Prank on Earth) – in which Waseem was convicted under section 311 of Pakistan’s Criminal Code – was applied in that case because it is an honor killing case.

Section 311 is usually invoked after the victim/complainant has pardoned the person.

Under recent law amendments, offenders can no longer seek forgiveness from the victim’s family (and sometimes their own) or have their sentence commuted.

However, it is up to the judge to decide whether murder is an honor crime. That is, the murderer can theoretically be pardoned even if he asserts other motives.

“Under the law, there is no obligation to record evidence to confirm a matter. Facade Phil Ars After giving up or compounding the right kissas (Retaliation), particularly if the 311 PPC reveals that the facts and circumstances of a particular case justify the punishment of the offender under section ibid where Qisas’ rights are waived or compounded,” the petition said.

The court added that despite a “compromise” being made between the parties, the court “should not act blindly and impulsively on that compromise in order to acquit the accused.” Rather, the judge “must apply the spirit of justice to the facts and circumstances of the case and convict the accused according to the following principles: Facade Phil Ars“.

The petition argued that the judge had “misled that there must be clear and qualitative evidence to substantiate the matter.” Facade Phil Ars Because the only prerequisites that must be met are the facts and circumstances of the particular case and the same evidence is not required.”

It added that the LHC judge “misinterpreted” the provisions of the Section 311 PPC by reaching a compromise before framing the charges.

“It was an error in judging that the accused deserves an acquittal due to the complexity of the crime,” the judge said.

The petition said the judge acted “blindly and impulsively” with the compromise, and that Wasem’s subsequent acquittal was “a sheer violation of the relevant legal principles.”

Counsel said there was sufficient evidence to prove Waseem’s guilt and that the accused had voluntarily confessed to the crime.

The LHC’s ruling on Wassim’s innocence “has resulted in a serious distortion of justice based on misinterpretation and application of the law,” it added.

Judgment “Serious faults and flaws in pregnancy… [as the judge] I acted impulsively,” he added, adding that the plaintiffs would suffer irreparable losses if the judgment was not reversed.