Survivor Of Brutal Stabbing By Classmate Awaits Justice Amid Threats And Judicial Failure

Survivor Of Brutal Stabbing By Classmate Awaits Justice Amid Threats And Judicial Failure

On 3rd May 2016 at 2 pm, KS, a student of The Institute of Legal Studies (TILS), Lahore, had gone along with her driver to pick her younger sister from Convent School on Davis Road, Lahore, when she was attacked and stabbed viciously 23 times. The attacker was none other than her class fellow Shah Hussain, son of Ahmed Tanveer Hashmi.

On the day of the attack, while KS was making her younger sister board the car, Shah Hussain clad in a motorcycle helmet came running from behind with a knife and mercilessly started stabbing KS. The medical report confirmed 23 stabs around the upper body and neck. The driver intervened after which the accused ran away, however, while escaping the attacker’s helmet fell off, revealing his face. The CCTV camera in front of Ambassador Hotel captured this incident and is on police record. The driver transported KS to the nearest Services Hospital, where after 10 bottles of blood infusion and an 8-hour long surgery, the doctors were able to save her life miraculously despite the depth of the wounds.

It sends shivers down the spine to know that a boy in his early 20s acted in such an inhumane and barbaric way for no legitimate reasons whatsoever. Shah Hussain’s deed was videotaped by bystanders who also tailed the attacker. The videos have been submitted to the police.

An F.I.R NO. 300/2016 was registered on 3rd May, 2016 at Thana Civil Lines, and on 16th May, 2016 the accused Shah Hussain filed a bail application in the court of the Additional Session Judge, through Advocate Aftab Ahmad Bajwa. The court acting outside the parameters of law granted an exceptional pre-arrest interim bail to the accused of such a heinous crime. On the second date of hearing on 26th May, 2016, Advocate Aftab Ahmad Bajwa along with other lawyers resorted to threats and intimidation of the prosecution counsel, namely Advocate Izhar Ahmad, due to which the prosecution counsel stated his inability to lead the case against the accused who is the son of a lawyer. Another counsel was hired and presented the case which was delayed on several dates due to non-appearance of the accused’s counsel. After several other delays on part of the accused and his counsel, on 8th June, 2016, the father of the accused, Advocate Tanvir Hashmi, along with 20-30 other lawyers hurled abuses and threats towards the counsel within the court premises. At the end of the day, while the bail was to be decided, they got an adjournment by the Additional Session Judge, keeping justice at bay.

Since that day the girl has been subjected to such injustice and barbarism despite having all evidence and records, while the accused roams freely in contradiction to legal principles. The father of the defendant being a well-known lawyer, has used his influence to have his son forcibly stay on an exceptional interim bail while the case lies in doldrums on every hearing of bail confirmation which as per law is bound to be denied to the accused. In essence, a criminal of attempted murder is being abetted by his lawyer father to misuse the system and delay justice. As it is said, “delayed justice is no justice”. In the meantime Shah Hussain’s father used pressure tactics to get the interim bail while showing up with dozens of lawyers, harassing the judge and the opposing counsel. Since the past two months, the matter on confirmation of bail has been delayed for far too long and hearings have proceeded without orders. The judiciary itself seems to have played into the hands of injustice.

The young girl whose wounds are still afresh is a student of law sitting in despair, watching the same law turning a blind eye to her injury. Even today the accused still roams freely and the father of the defendant endlessly threatens the family of the victim to grant forgiveness amidst using all other tactics to delay and evade justice.

The victim, KS, and her father have already written to the good offices of the Chief Justice Lahore High Court to look into the matter. However, the plea seems to have fallen on deaf ears. In these circumstances, it is essential that the public foments pressure on the institutions marred by corruption and unprofessionalism to mend their ways and move the senior judiciary to take immediate notice of the matter and serve justice to the young girl.

 

The views expressed in this article are those of the author and do not necessarily represent the views of CourtingTheLaw.com or any organization with which he might be associated.

 

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Mir Qais Khan Jamali

The writer is an advocate of the High Court and a member of Balochistan Bar Council. He holds an LLB (Hons) degree from the University of Buckingham, England. His areas of practice include civil and corporate law and matters relating to international arbitration.



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4 Comments

  1. Fahad said:

    Courting the law should publish the otherside of the story too as is narrated in the comments!

    • Team CTLTeam CTL said:

      We have published this article after verifying all relevant documents and records as well as the identity of the author. The other side of the story cannot be verified without substantial evidence and does not come from a credible source, or we would have published it too. Moreover, we will not publish anything that encourages victim-blaming and their character assassination.

  2. Hassan shah said:

    I reckon such like articles should not be allowed to publish here, as this forum is meant for legal discussion and enhancing legal acumen. Have critical analysis of judgments, procedures and suggest reforms, rather than publishing articles on personal vendettas. P.S. I have nothing against the victim nor any sympathies against alleged attacker. Justice shall prevail irrespective of rank and status of parties.

    • Team CTLTeam CTL said:

      Dear Sir, this forum is meant exactly for raising awareness on all kinds of prevalent legal issues and thereby increasing accountability in law, policy as well as within institutions, especially the legal community. Moreover, we have published this article after obtaining and verifying all relevant documents and records as well as the identity of the author. We do not know either of the parties personally. The other side of the story cannot be verified without substantial evidence and does not come from a credible source, or we would have published it too. Moreover, we will not publish anything that encourages victim-blaming and their character assassination.

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