Saturday, April 23, 2011

More on the petition to reopen Ghazi Ilmuddin case

The Nation, Pakistan:

The petition has been filed by Dr Farooq Hassan praying for the judicial order to nullify the death awarded to Ghazi Ilmuddin in 1929 by a Division Bench of this court comprising English judges. The English Court acted with a policy to put a Muslim on gallows and without appreciating arguments made in defence of Ghazi by Quaid-e-Azam Muhammad Ali Jinnah, and left a big lacuna by not recording the reasons why the defence submissions were not admissible, the petitioner argued. He says the old bench produced one page judgement skipping over the many steps. 


LAHORE – The Lahore High Court on Friday issued notice to the Federal and the Provincial government to their assistance on the question whether 82-year-old case of Ghazi Ilamuddin Shaheed could be reopened at this stage and if answer is yes, wherefrom the case record would be available and top of all that whether petition is maintainable as public interest matter.

The Bench of Chief Justice Ijaz Ahmad Chaudhary issued notice to both the said respondents to enter representation and give their input to the said proposition prior to making headway with the main issue.

The petition has been filed by Dr Farooq Hassan praying for the judicial order to nullify the death awarded to Ghazi Ilmuddin in 1929 by a Division Bench of this court comprising English judges. The English Court acted with a policy to put a Muslim on gallows and without appreciating arguments made in defence of Ghazi by Quaid-e-Azam Muhammad Ali Jinnah, and left a big lacuna by not recording the reasons why the defence submissions were not admissible, the petitioner argued. He says the old bench produced one page judgement skipping over the many steps.

The Bench failed to sense the circumstances which prompted Ghazi to murder the blasphemer Ram Pal, who wrote a book against the Holy Prophet (SAW), says the petitioner adding, Ghazi killed Pal in a fit of strong emotion roused by a speech he heard against the blasphemer while passing by Masjid Wazir Khan where it was being delivered at the relevant time.

The petitioner has prayed to the court to declare execution of Ghazi unlawful and unjust for the bench overlooked the facts surrounding the guilt. The petitioner has also prayed to the court to hold Ghazi Ilamuddin entitled to award and honour and that respect may be demonstrated through his reburial with national homage. He says Ghazi in fact, committed no offence but what was required given the circumstances as such the stain of killer must be wiped off his face through a fresh judicial order after reopening the case. He said Ghazi merits the same honour earlier paid to Gary Casement of Ireland posthumously.

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