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NationalNEWS

Justice system is failing victims of mob violence, warn legal experts

4 Min Read

June 24, 2024

Muhammad Junaid


The police arrested 23 suspects for allegedly lynching of a man over blasphemy allegations in Swat’s district Madyan. The tragic incident of mob violence has stirred widespread outrage and shed light on the persistent issues within Pakistan’s criminal justice system.

So far, law enforcement authorities have booked 49 known individuals and approximately 2,500 unidentified suspects under various sections of the Pakistan Penal Code and Section 7 of the Anti-Terrorism Act. The charges encompass a range of offenses, including leading the mob and unlawfully taking the law into their own hands.

“The accused arrested and booked belong to different schools of thought. They are suspected of actively leading the mob and taking the law into their own hands,” said Dr. Zahidullah Khan, District Police Officer (DPO) of Swat, during an interview on Aaj News programme Spotlight.

گرینڈ آپریشن میں تئیس لوگوں کو گرفتار کر لیا ہے
مدین واقعے میں کچھ لوگوں نے مسجد سے اعلانات کرنے کی کوشش کی لیکن ان کو ایسا نہ کرنے دیا گیا جس کے بعد انہوں نے موٹر سائیکل پر اعلانات کئے

ڈی پی او سوات ڈاکٹر زاہد الله@MunizaeJahangir @Aaj_Urdu #Swat #Blasphemy #Operation pic.twitter.com/0lc4BL5AGN

— SpotLight AajTv (@SpotlightAajtv) June 23, 2024

The victim, a tourist from Sialkot, was visiting the scenic Swat region when he was attacked by a mob. The attack has once again highlighted significant gaps in Pakistan’s criminal justice system, particularly those related to the Anti-Terrorism Court (ATC).

Peter Jacob, human rights activist, stressed the need for a fair trial in incidents of mob violence. “There is an impression that ATCs do speedy trials, but it’s not true. Of the 40 people who were nominated in the FIR of the Sargodha mob violence, many were released on bail,” he said on Aaj TV’s programme Spotlight.

“So far, hundreds of people have been killed by mobs in Pakistan over blasphemy allegations. In all incidents over the past 20 years, justice has not been served because investigations were faulty,” he added.

ہجومی تشدد کے واقعات میں بھی فیئر ٹرائل چاہیے، پچھلے بیس سالوں میں انتہا پسندی کے واقعات میں انصاف ہوتا نظر نہیں آیا کیوں کہ ناقص تفتیش کی گی تھی

پیٹر جیکب، ڈائریکٹر سی ایس جے@MunizaeJahangir #Swat #Blasphemy #Sargodha #Jaranwala pic.twitter.com/F46IzvGGgd

— SpotLight AajTv (@SpotlightAajtv) June 23, 2024

 

The granting of bail by the anti-terrorism court on June 6, 2024 to several accused for killing Nazeer Masih in Sargodha’s Mujahid Colony proves his point. Among those released included the main suspect, Haji Ayub Gondal. The court’s order stated that although the petitioners, including Ayub, were implicated in the case on suspicion and identified by witnesses during an identification parade, the witnesses could not specify their roles in the violence.

 

Human rights lawyers are baffled by the lack of the state’s will in conducting investigation into the attack. Asad Jamal, who was a member of the HRCP’s fact-finding mission to investigate the Mujahid Colony incident, said, “The family members confirmed to me that they could recognize quite a few who trespassed their residence while vandalising with the intention to cause harm to them.” Then, he asks, “how did the identification parade fail to identify the culprits? What did the police do about several dozens of videos circulating on social media?”

Expressing dissatisfaction with the police investigation, Jamal thinks, “The case is dead for the purpose of fair and successful prosecution.”

Experts fear the investigations into the Madyan case are likely to face a similar fate. “All proof and evidence that could lead to an effective investigation were removed,” said advocate Zegar Sher, while speaking to Voicepk.

“Investigations should be conducted in a manner that identifies the actual perpetrators who led to such violence. If investigative agencies provide irrefutable evidence and bring solid witnesses to court, those responsible can be held accountable,” he added.

Addressing these issues requires comprehensive reforms, including better training and resources for law enforcement, robust witness protection programmes, and a commitment to impartial and swift justice. Without these changes, the cycle of impunity for mob violence and other severe crimes will continue and undermine the rule of law.

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