Bahria Town car race case: SC rejects compromise between victims heirs, Ali Riaz

Bahria Town car race case: SC rejects compromise between victims’ heirs, Ali Riaz (Daily Business Recorder):


Car Race case - CJ advise Killed persons relatives - Jang 1-3-2011 2

Car Race case - CJ advise Killed persons relatives - Jang 1-3-2011 2

ISLAMABAD: The Supreme Court on Monday outrightly rejected Bahria Town drag race settlement between the relatives of five persons crushed to death and son of Bahria Town chief executive, Ali Riaz, on clemency ‘in the name of Allah’.
A three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry directed the concerned parties to follow the compromise procedure set under the rules, as the statement submitted by the accused (Ali Riaz) counsel was termed faulty, declaring Ali and his accomplices innocent.
The court asked the stakeholders to follow the set settlement procedure. “We are not a party to the case and have no objection on the deal, but the heirs of the deceased command no right to declare anyone innocent as it is the duty of investigation agencies and the court,” the bench maintained.
The court somehow got the feeling that the police, lawyers, lower judiciary, advocate-general and others are seemingly trying to save the son of a business tycoon, involved in the case from punishment.
The advocate general Punjab Khawaja Haris, however, defending his stance and said that lack of evidence did not prove Ali’s direct involvement in the case. “We even can take a judge to task if he is involved in any wrongdoing what to talk of an ordinary citizen,” he added.
While reprimanded Additional Sessions Judge for accepting such vogue statement, the court advised the lawyers not to set wrong precedent as justice delayed is justice denied and hurts the future cases of the same nature.
Justice Chaudhry was of the view that the court would order High Court for a judicial inquiry against the concerned District and Sessions Judge for not taking interest in the case flouting merit.
The court observed that the compromise in the case would encompass Article 211 of the constitution, dealing with conviction and the court is duty bound to decide the matter in this regard.
The court also expressed concern over lax attitude on part of Punjab administration and police for not charging former City Police Officer Rawalpindi Fakhar Wisal Sultan Raja, who gave permission for the race knowingly that the event is not feasible at the said location.
“The charge under Article 145 against former CPO means that you are protecting your ‘petti bhai’,” the court asked the investigation officer. It also directed for appropriate action against three sponsors of illegal drag race that claimed five lives on December 5 last year.
“We are aware of everything and nobody can mislead us,” Justice Chaudhry told the lawyer, adding, “Khan G, in your justice system jails are for the poor, while influential take exception by hiring expensive counsels to evade accountability.”
“If Supreme Court did not intervene in the case, no one could dare to take action against Ali Riaz for committing heinous offence like killing. You can see the fact that IG level officials of the police were worried for Ali Riaz and former IGP Islamabad sought cooperation for him,” the bench added.
The court also observed that the trial court should continue its proceedings without any prejudice and the apex court will provide full support in legal aspects of the hearing.
At one stage, another lawyer for the accused, who may have been roaming around during the course of proceedings again told the court, stressing that the legal heirs had forgiven his client ‘in the name of Allah’. The judges smiled as everything started with it and adjourned further hearing for three weeks.
(Published in “Business Recorder” on March 1, 2011)

One Comment

  1. If the relatives are forgiving 3 person for sake of allah then why not they forgive majid and atif.Clearly they have taken 20 million for each victim from Malik Riaz.Money can do all wonders.All of them are equally responsible for punishment and forgiveness

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