Case studies

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Transcript of Case studies

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GROUP MEMBERS

Sana Riaz (0185) Saira Khalid (0201) Hifza Azeem (0075) Aymen Javed (0020)

Amna (0018)

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LAW IS BLIND

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MEANING:

Law is blind it means that everyone is equal in the eye of justice. It describes the impartiality of law and justice that justice is not supposed to be based on external factors such as skin color or manner of dress

Here this statement can also be written as “Justice is blind”

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“JUSTICE IS BLIND

It means that justice is impartial and objective. Justice is equal punishment for equal crime, without regard for who is committing the crime. Justice is said to be blind. All are subject to the rule of law. There is no escape or manipulation.

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MEANING OF STATUTE OF LADY JUSTICE:

Lady Justice's symbol of impartiality -- the blindfold -- reinforces the court's devotion to the objective truth. The scales represent the need to weigh the different sides of the case. The justice statue's sword is symbolic of justice's power.

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Cover of an eye: It shows that law is blind to see the status, wealth,

power, gender, colour of any person and hence gives the decisions as per the evidences.

Sword in one hand: It shows that the criminal will get the punishment

for what he did and cannot escape from the result of his doings

Scale in the other hand: The scale in other hand shows that everyone is

equal in the eye of justice.

MEANING OF STATUTE OF LADY JUSTICE:

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DIFFERENT MEANINGS OF STATUTE:

Egyptian Iconography: In Egyptian tradition, the goddess of justice was called

Ma'at. From the name "Ma'at," we get the term "magistrate

Greek Iconography In ancient Greek tradition, the goddess of justice is Themis,

who organized human affairs and reigned over assemblies. Roman Iconography

Justitia" was the Roman goddess of justice, she was often shown wearing a blindfold and holding scales and a sword.

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DEFINITION:

“Justice is justly represented blind, because she sees no difference in the parties concerned. She has but one scale and weight, for rich and poor, great and small. Her sentence is not guided by the person, but the cause, impartiality is the life of justice, as that is of government.” (William Penn)

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DIFFERENT ASPECTS OF BLINDNESS OF LAW:

Law is blind to gender status Law is blind to monetary status Law is blind to Authority Law is blind to religious discrimination Law is blind for black and white Law is blind for villagers and citizens Law is blind for favoritism

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LAW IS BLIND TO GENDER STATUS:

Law does not accept any pressure to give decision in the favor of male or only female. Neither law considers any gender as always be pressurized and being oppressed. Law believes only in the evidences

Law does not accept any force from a person who is wealthy. Law thinks that a person who is wealthy should not use his wealth by stopping people giving justice to anyone

LAW IS BLIND TO MONETARY STATUS:

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LAW IS BLIND FOR AUTHORITY:

Any person who is given an authority should make the right use of authority. He should not become a wall in the way of justice for anyone. Law can punish every person either he has authority or not.

Law does not accept any pressure to grant rewards only to Muslims and give punishment only to non-Muslims. Law means to give a person what he actually deserves. It may reward and punishment both

LAW IS BLIND TO RELIGIOUS DISCRIMINATION:

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LAW IS BLIND FOR BLACK AND WHITE:

Law is blind because it has no discrimination of black and white. Some countries like America in which there are blacks who are always discriminated and Americans consider them as they are not the citizens of America

Any one either from a village or from a big city can get justice from law. Law means to provide justice to everyone and law is imposed on all persons regardless of the place where they live.

LAW IS BLIND FOR VILLAGERS AND CITIZENS

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LAW IS BLIND FOR FAVORITISM:

No one favorite for law. Law is blind and cannot see the beauty, wealth or any such thing of any person and cannot be impressed by these things. So no one is favorite for law. Law decides as per the rules and for the evidences.

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ISLAMIC ASPECT OF LAW:

Hazrat Muhammad (S.A.W.) said:

The people before you destroyed for not doing justice between rich and poor. They punished the poor and let the rich go without punishment

(An-Nisa4:58) "Allah orders that you return

trusts to their owners and that if you judge among people, you judge justly

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HAZRAT UMER FAROOQ (R.A.) :

Hazrat Umer Farooq (R.A.) was well known for his justice and making rule of law. He said:

“Judgments or Settlements in any cases should be done quickly, so that the accused, due to a prolonged period of time are not compelled to withdraw their accusation”

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OTHER ASPECTS:

Law is not just the punishment, it is the reward for those who are on the right. Moreover the punishment cannot be given even to a criminal for his evil unless evidences are given against him and the evidence must be as per the rules in law for number of evidences and sources.

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EVIDENCES

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LAWS FOR EVIDENCES

Only one evidence is not necessary for the decision. There must be more evidences to give decision. According to Islam, the evidence of two males is enough. But in case of females, there must be four females to provide evidence and then they shall be given weightage. It is the same for the documents related to debts.

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CONDITIONS OF EVIDENCE:

1. It is a trust imposed by Al Mighty Allah for human being which shall be fulfilled when required.

2. Concealment of evidence is a sin.3. For providing evidence a witness shall state

all the relevant facts with honesty and impartiality .

4. It shall be without any fear and greed.5. All facts shall be narrated clearly so that the

presiding officer of the court may reach the right decision

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SCIENTIFIC METHODS OF GETTING EVIDENCE:

1. Post Mortem:2. Record of Voice3. Hand Writing and Finger Prints4. Blood Examination

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1. POST MORTEM

a.       To establish identity of an unknown body.b.       To ascertain cause of death and time since death

Importance of tape recorder becomes relevant if the voice of culprit has been recorded at the time of occurrence of incident and same is verified by its expert then such opinion becomes relevant

2. RECORD OF VOICE

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 3. HAND WRITING AND FINGER PRINTS

The opinion of handwriting / finger print experts becomes relevant when the Court considers them as fully adept in their respective fields.

Blood examination may become affective for murder cases

 4. BLOOD EXAMINATION

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CASE STUDIES

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SHAHZAIB KHAN CASE:

CASE # 1

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INTRODUCTION OF PEOPLE INVOLVED:

Shahzaib Khan was a citizen of Karachi. He was murdered when he was with his sister at sea view.

Shahrukh Jatoi, he is the murderer of Shahzaib. He belongs to a wealthy family. He is son of Sikandar Jatoi.

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HAPPENINGS AND DECISION:

Shahzaib was with his sister at sea view when Shahrukh Jatoi had verbal abuses for his sister. Shahzaib tried to defend his sister when he was killed using a gun by Shahrukh Jatoi.

Case was taken to court and it was decided after 7 months. Shahrukh Jatoi returns to jail sign after sentenced death by an Anti-Terrorist Court in Karachi on Friday, June 07, 2013.

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BHUTTO EXECUTION CASE:

CASE # 2

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INTRODUCTION TO PARTIES INVOLVED:

Zulfiqar Ali bhutto was former prime minister of Pakistan. He was accused of murder of M.Ahmad khan Kasuri. Therefore, he was executed by Zia-ul-Haq.

Ahmad Raza Kasuri, he was murdered by Zulfiqar Ali bhutto and was a barrister.

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HAPPENINGS AND DECISION:

Bhutto was presented before the court and all the proofs went against him. He was given a Verdict of execution during theReign of Zia-ul-Haq.

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WAHEEDA SHAH CASE

CASE # 3

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INTRODUCTION TO PARTIES INVOLVED:

Waheeda shah is a politician. He belongsTo Peoples Party of Pakistan. He slaped Ms. Habiba Memon during polling on trifleMatter.

Ms. Habiba is one of the staff of polling in a city where Waheeda Shah was also casting her vote. She was slapped by Waheeda Shah.

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DECISION:

Waheeda Shah was punished by law. She was found guilty of the offence and was disqualified from being elected as a member of an assembly for two years.

Later, Sindh High court cancelled out the disqualification element stating it to be a decision at the discretion of the Chief Election Commissioner.

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MOUNIS ELAHI CASE

CASE # 4

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INTRODUCTION OF PARTIES INVOLVED:

Mounis elahi is the son of Choudhary Pervez Elahi. His father was deputy prime minister at that time when Mounis He was accused of issuing job appointment letters to the applicants without checking their matriculation certificate. He made double hiring and hence double payments were to be made. This MPA was accused of appropriating around Rs 320 million from the scam during his father’s tenure as Punjab chief minister.

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DECISION:

Moonis was arrested in March of 2011, and was in jail for several months as a result. The Federal Investigation Agency (FIA) had started investigating the NICL scam after the Supreme Court had taken suo motu notice of it. Later,Moonis was released due to lack of evidences against him.

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OUR RESPONSIBILITIY:Law is blind that support only evidence, it has no feelings for criminals. So, our responsibility lies to ensure that evidences should be shown, and should be shown with integrity and honesty. Allah says:

“The witnesses should not refuse when they are called on (for evidence)”

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