Mukhtaran Mai appeal: Delayed and denied

Dismissing an appeal by gang rape victim Mukhtaran Mai, the Supreme Court on Thursday upheld the Lahore High Court’s decision to acquit five of the six accused in the rape case.

Mai, now 40, was gang raped in June 2002 on the orders of a “panchayat” in Meerwala town of Punjab as punishment after her younger brother was wrongly accused of having illicit relations with a woman from a rival clan. The boy was 11-years-old at the time.

A three-member bench of the apex court headed by Justice Mian Shakirullah heard the case on Mukhtaran Mai’s appeal against the Lahore High Court (LHC) Multan bench judgment on March 3, 2005. The other two members on the bench were Justice Nasirul Mulk and Justice Mian Saqib Nisar.

In its written order, the apex court directed the immediate release of the five accused if no other cases were registered against them. The death penalty for the sixth man, Abdul Khaliq, was changed to life in prison.

“I’m disappointed. Why was I made to wait for five years if this decision was to be given?” a sobbing Mai told Reuters by telephone from her village after the court announced the decision. “The police never even recorded my own statements correctly,” she told the BBC.

“I don’t have any more faith in the courts. I have put my faith in God’s judgement now. I don’t know what the legal procedure is, but my faith [in the system] is gone.

Mukhtaran Mai was an illiterate villager at the time but she defied taboos and shot to global fame by speaking about her ordeal accusing 14 attackers and taking them to court.

As the case got global attention and pressure from the international community increased, former president Musharraf’s government was forced to decide the matter speedily.

Within a span of three months, a local anti-terrorism court (ATC) sentenced six accused to death, while acquitting the other eight for a lack of evidence. However, the Lahore High Court acquitted five of the men in March 2005, and commuted the sentence for the main accused, Abdul Khaliq, to life imprisonment. The decision was challenged in the Supreme Court in 2005.

In its order, the court also discharged its suo motu action taken on March 14, 2005 in the matter. The court in its decision found the prosecution case to be weak.

Earlier, Aitzaz Ahsan had argued before the Supreme Court that the complainant party was under constant threat from the accused to not disclose the incident. He argued that the fundamental and crucial testimony in any rape case is always that of the victim. However, the court found that the testimony of the complainant lacked corroboration and observed deliberate delay by Mukhtaran Mai in the registration of an FIR.

The prosecution witnesses and Mukhtaran Mai, during their testimonies had referred to the threats held out to the complainant party after the incident to prevent them from reporting to the police.

The judgment authored by Justice Saqib Nisar held that there are ten issues arising out of the LHC judgment, eight are the appeals (four each) against the acquittal of the accused having been initiated by the complainant and the State; one appeal has been filed by the convict and the last is the suo motu action by the Supreme court refraining the Federal Shariat Court from taking up the issue.

The lawyer for Mukhtaran Mai informed the court that the very act of bringing the complainant to the panchayat to seek forgiveness for her brother and raping her instead, demonstrates the power of the Mastoi community against the complainant.

Mukhtaran Mai in her testimony, which the Supreme Court produced in its detail judgment, said: “I (Mukhtaran Mai) stated to the police that after the accused committed Zina, I came out in nude condition and called out my father Ghulam Fareed. I had not put on the shalwar as it was without string, nor I covered the same on my body, and my father had arrived just then”.

The woman celebrated by human rights activists for her courage, runs a school for girls in her village, and has vowed that Thursday’s ruling will not force her to leave her home.

“Life and death are in the hands of Allah… I will not shut my school and other projects,” she told Reuters news agency.

WITH ADDITIONAL INPUT FROM THE BBC AND REUTERS

Published in The Express Tribune, April 22nd, 2011.

Comments: The Express Tribune Blog 22nd April 2011

Even though the history of Pakistan SC has been dubious at best but this decision by the “independent” SC sets new lows in its history. When Mush in the US was making fun of the women who were raped in Pakistan, nobody thought that these judges for whom we all struggled would do the same. Mai is not raped once but once again by the Lahore HC and now by the SC. Shame is the best to describe this decision.

ad day for our judicial system, may Allah grant her true justice……

8 out of 14 were released earlier, 5 more have been set free. So only 1 person is involved in gang rape and his punishment is life imprisonment. And this too after 10 years of court processions, interviews on national and international media, autobiographies, parlimentary resolutions, and support of team of top lawyers lead by Aitzaz Ahsan. I think she is right, only God will provide her justice in the life hereafter.

So you think that the best way to bring parity between Pakistan and USA is for Pakistan to catch up with the rape rate of USA???????????

How you can abruptly change your stance regarding Azaad Adliaa. It was Musharaf who correctly recognized corrupt and dishonest biased judiciary system and wanted process to be completed by Supreme Judicial Council but Nawaz Sharif politicize this matter. He likes to interfere with his likes and dislike of Judiciary. It was proved that Nawaz and his coronies attacked Supreme Court when it did not like it. And when their own pet judges were involved, he came onto streets. What a non-partial judiciary.

You have not left your enimity against Musharaf to alleg him to defame Pakistan Females. Can you preciesly send me a non-biased link for the readers to read what was actual statement given by Musharaf.

This is non-Azaad Adlia and if any body believes that it may give a non-biased decision, one is living in fools paradise. There will be more Mukhtaran Mais who will be cribbing for a non-biased decision but will disappointed.

Please stop blaming judiciary. This matter was more politicized and publicized by the so called human right activists than its actual basis. Most of the so called human rights activists present before the court never went to her native area. The actual purpose of this case achieved was to get the women empowerment law in to play and repeal Hudood laws that has been achieved and women of Pakistan have been empowered now. Why are they still complaining?

FIR was registered by Mai after one week with vague allegations, 14 people were falsely implicated in this case as it was clearly not a case of gang rape as stated but more individual revenge of the rape committed by Mai’s bother for which Abdul Khaliq has been Punished.

If you insist that justice is what women victim says that should be acted upon without any standard and basis of proof then this kind of justice is not prevalent anywhere in the world and this brand of justice can not be tolerated in Paksistan as well. Open your eyes many of the activists became millionares and many benefited from bestseller book of Muktaran Mai on amazon who do not know one word of english.

Human right activists please when you blame people and judiciary of Pakistan of this decision please consider that you are playing with the reputatiopn of Pakistan so be careful and do not use issues to fill your pockets.

Please tell me how many of you went to her village and how many of you studied this case. Where did you get the idea that overwhelming evidence is present on record. I do not support the rapist or anyone else criminals for this matter but it is wrong to disrespect judiciary. Your opinion should be based upon actual knowledge not gausses.

The court has to pass a verdict after considering the relevant questions of law involved in a case. We all know that proceedings in ‘special’ courts- like the Anti-Terrorism court which initially sentenced six people to their death- leave much to be desired. Fact is, the initial police investigation was shoddy and did not adequately collect the evidence needed to fully establish the culpability of Mukhtaran Mai’s alleged molesters. Of course the LHC and the SC released these men, because these are higher courts which are given to a more sober assessment of issues than the anti-terror court which decided the case in the heat of the moment. I for one am looking forward to seeing what the detailed SC judgment has to say.

P.S. The mark of a free judiciary is to not bow to self-righteous public passion. All that the SC has to do to establish its independence is to present a well-argued legal judgment, as opposed to trying to win some sort of a public popularity poll.

Don’t worry Mukhtar Mai… there is a much greater judicial system these sick people will have to answer to, where they will not be able to hide any evidence or use their influential links..and that justice will come on the day they stand before God!

I think its a shame but only if the persons were responsible. Beside this if we look at the overall attitude of men towards women in the society so it is evident that women are in trouble. In big cities which should be more organized the behaviour is limited to passing comments on passing by females which surely intensifies in smaller cities and villages.

It extends to physical responses from men in the villages. It is everyone’s responsibility to discourage disrespect females at each level. Women do not have clothing independence. If someone wears a little misfit clothes, she becomes the center of attention in a public place. The whole society is infected with this curse. Nation should accept now that it has got beauty and it has to learn how to respect it.

As 5 out of 6 are innocent, our supreme court thinks that 1 man can do “gang rape”.

Has anyone noticed that?

While Pakistan’s judicial system has serious flaws and issues, the judgement in this case seems to be correct. The record does not justify the award of death penalty and the case was decided on the basis of available evidence. Concerns have been raised in this case that Miss Mai did succumb to the traditional behaviour of Pakistan society and included names of people who did not commit the act in question. While this may be untrue and she may be right but the investigation did not provide any tangible evidence of their involvement. Rule of Law does not come merely with the judiciary; the police , prosecutors and most importantly victims have an important role to play and if any one of them goes awry so does the judicial system.

Vow Jamshed Dasti and SC thinks alike that gang rape never happened.

we should avoid any derogatory language against the Judiciary especially when we are not aware what happened in the Court of Law, none of us ever read the verdict or witnessed the proceeding in the court. It may be a little disappointing for some of us because the verdict is not in line with our expectations – but our expectations should not be governing the justice system but the other way around.

The judiciary has done so much for the well being of common people especially they tried to get the answers about the missing people, Haj scam, Pakistan Steel Mills, Rental Power Plants are only some of the examples where common Pakistanis were molested and the Judiciary is doing the needful.