News
Friday, May 20, 2011
Mukhtaran Mai files review petition in SC
* Mai requests court for constitution of a larger bench
* Counsel says apex court’s judgement was inherently flawed
Staff Report
ISLAMABAD: Mukhtaran Mai, a gang rape victim, on Thursday, moved a review petition in the Supreme Court against the dismissal of her appeals by a three-judge bench which she had filed against the acquittal of those she accused of assaulting her some nine years ago.
Mai has, through a civil miscellaneous petition, also requested the court for formation of a larger bench for the review of her case.
On April 21, a three-judge apex court bench had dismissed Mai’s appeal in view of the majority decision. Mai’s counsel, Barrister Aitzaz Ahsan, who filed the review petition, said that the apex court’s judgement of April 21 was inherently flawed and had set a dangerous precedent for times to come, thus “it needs to be reviewed”.
In her petition, Mai submitted that “even a sudden change of mind of one accused could implicate all in the commission of an offence on the principles enumerated in various judgements, where the principles have not been considered”. “All the respondents/accused who were named by the complainant as having been members of the Mastoi Panchayat deserve to be convicted and sentenced after the review of both the judgements (of the learned majority as well as of the learned minority) to the extent necessary so as to result in the acceptance of the appeals filed by the petitioner before the apex court,” said the petition. It said that “as all the material evidence had been ignored or misread by the court while giving judgement”.
The petition said the observation of the majority judges that suggestion during cross-examination could be considered against the accused only if he had taken a “statutory defence”, is contrary to the settled law on this point, especially when there is no statutory defence to the offence of rape.
It said “the findings are contrary to the evidence on record, adding that the evidence has been accepted and noted with care by the learned judge in minority”.
Courtesy www.dailytimes.com.pk