The law protects wealthy and
influential people as they can pay a large amount of money to the deceased’s
family to avoid prosecution or a harsh sentence
By IMAD ZAFAR
Two men convicted several
years ago of killing Shahzeb Khan, the only son of a senior police
official, in Sindh province have had their death sentences commuted to life imprisonment,
which highlights how Pakistan’s justice system favors the wealthy and powerful
over ordinary people.
Shahrukh Jatoi killed Khan on
December 24, 2012, when the victim was returning from his older sister’s
wedding with his family. On their way back they were stopped by a
drunk, Siraj Talpur, who tried to harass Khan’s sisters. Khan stopped
him and Talpur backed off, as he was alone.
Later Talpur and his friend
Jatoi and other accomplices went to Khan’s home, shot him and fled the scene.
Khan was taken to hospital but was declared dead.
The news was broadcasted on
television and soon Jatoi and his friends were arrested. They were tried in a
terrorism court and Jatoi and Talpur were both sentenced to death.
After the verdict, the
families of the killers approached Khan’s family and threatened to kill their
daughters.
Constant pressure from the
powerful feudal and political families of Jatoi and Talpur led Khan’s father,
Aurangzeb Khan, to sign a forgiveness deal. He appeared in court and said
he had forgiven Shahrukh Jatoi and Siraj Talpur.
After that, the murder case
was reopened. With the help of the Sindh provincial government, the case
against Shahrukh Jatoi was weakened, resulting in the dropping of terrorism
charges, and after that, it was a cakewalk for both the Jatois and Talpurs to
manipulate the judicial proceedings and get their children out of jail and protect them from
any legal consequences.
Khan’s father is said to
have accepted
250 million rupees (about US$1.75 million) in blood money from the
Jatoi and Talpur families to compensate him for the loss of his son. This money
was taken in the name of Diya,
an Islamic law that allows victims to forgive the accused in exchange for
money. Raymond Davis, the US Central Intelligence Agency
contractor who shot people in Lahore, was released under the same law.
This law dates back to the
tribal Arab culture of centuries ago. The law protects wealthy and influential
people as they can pay a large amount of money to the deceased’s family to
avoid prosecution or a harsh sentence. This is often achieved through the use
of pressure tactics or the exploitation of the family’s economic circumstances.
Since this law has an affiliation with religion, there is no way that such
legal loopholes can be discussed or debated in the conservative society of
Pakistan.
The family of the deceased did
the right thing by taking money from the influential feudal lords. There was a
lot of criticism of the family at that time for allowing the sons of feudal
lords to go free. But people who taunted Aurangzeb Khan actually had no idea of
the ground realities of Pakistani society. When influential and well-connected
people threaten to kill your children, when the children are being chased down
every second, it is very hard for parents to risk the lives of their living
children for the sake of dead ones. Only a fool would risk his children’s lives,
knowing that the state and the institutions are in the pockets of the
influential and well-connected.
This deal, however, was later
rejected by the court and both Jatoi and Talpur were sentenced to death.
However, after the death of
Shahzaib Khan’s father and with the passage of time the media focus shifted
away from this case, and the influential families of the two criminals made
sure that their sons benefited from the loopholes in the system. As a result,
they are no longer on death row as their punishment has been reduced to life
imprisonment, which in reality means only seven years, as according to
Pakistan Law,
days and nights spent in jail are counted as separate days. What a joke:
killing someone mercilessly and destroying someone’s family and in the end
spending seven years in jail, with luxuries available to
them even behind bars.
It is actually the state that
should have been in the forefront in this case. After all, this brutal murder
sent waves of terror across the country, and it was just a matter of imposing
the writ of the state. Sadly, the state itself has absolutely no interest in
protecting the lives of its own citizens, which raises the question: Why should
I remain a law-abiding citizen knowing that the state has left the law in the
hands of criminals like Shahrukh Jatoi?
This is not the first incident
where the influential have successfully played with the system. A young
barrister was killed on a busy road in the capital Islamabad last year by the
armed men of a famous Land Mafia person, Taji Khokhar, but the family of the
victim is still helplessly seeking justice.
Zain, the only son of a widow, was
shot on the main road in Lahore in front of hundreds of people by a drunk,
Mustafa Kanju, son of the famous politician Siddique Kanju, but the widow who
lost her only son gave a statement to the court that she could not fight this
case against the influential man due to threats to her daughters, hence she
forgave the culprit. The lady, who was forced to walk naked in the
province of Khyber Pakhtunkhwa, is still seeking justice as the people who were
involved in this brutal and inhumane act are connected to Prime Minister Imran
Khan’s political party.
Unfortunately, the Pakistani
political elite, solely for their own benefit, support and nurture these
hardcore criminals and as a result, we see incidents like this where a family’s
only son loses his life and the murderers are not even touched in some cases.
Our collective approach of accepting crimes and violence has paved the way for
this lawlessness. We love to gossip about murders and terrorist attacks as we
sip our tea and coffee, or love to post sentimental messages on social media
just to pass the time, and after a day or two forget the incident and always
look forward to new ones.
This habit of gossiping and
passing time idly, while doing nothing to bring about practical changes in
society, is successfully being exploited by the political and feudal elites.
They know that society is not ready to stand up for their rights, thinking that
it is only Khan or Zain who have lost their lives and it will never happen to
their kids.
The other hypocritical
attitude is our behavior toward criminals. As criminals like Malik Riaz, Aleem
Khan the Jatoi family, the Talpur family, Taji Khokhar and many others
are rich and influential, we love to make connections with them; we even feel
proud taking selfies with them. Until and unless we change our attitudes toward
crime and criminals, innocent young men like Khan will be shot to death every
now and then. It was, unfortunately, Khan’s turn but it can happen to any one
of us. A knock on our door or a doorbell ring and a murderer like Jatoi can
shoot our kids too.
We have to act now. We must
not accept the court’s decision to overturn the death penalties awarded to
Jatoi and Talpur. We must pressure the government to take the matter to the
Supreme Court of Pakistan. As long as hardcore criminals like Jatoi and Talpur
do not receive justice, we cannot live without fear for our children.
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