Khudayar Mohla –
Setting aside the acquittal of perpetrator Shah Hussain who stabbed his class fellow Khadija Siddiqui in broad daylight two years ago in Lahore the Supreme Court overturned Lahore High Court decision in the matter while restoring five years imprisonment to delinquent that Session Court had awarded on July 29, 2017.
Soon after a three-member bench led by the Chief Justice Sardar Asif Saeed Khan Khosa announced short order accepting the appeal of Khadija Siddiqui on Wednesday the police apprehended Shah Hussain and shifted him to Secretariat Police Station.
A student of law, Khadija Siddiqui was stabbed 23 times in Lahore during May 2016 as Shah Hussain attacked her near Shimla Pahari Lahore while Ms.Siddiqui had gone to pick up younger sister from school. According to the prosecution, both the sisters were about to get into their car when a helmet-wearing Shah Hussain allegedly attacked Siddiqui with a knife and stabbed her leaving in critical condition.
The brazen attack only ended as their car driver managed to defend who later on rush Khadija Siddiqui to the hospital where she was admitted to intensive care reportedly with her neck slashed, her arms wounded, and a deep injury to her back.
Giving statement, Khadija Siddiqui named the attacker as Shah Hussain who is the son of a prominent senior lawyer of Lahore. After a trial of the matter in the Session Court, the accused was sentenced for five-year imprisonment during July 2017. However, the Lahore High Court acquitted Shah Hussain to which Siddiqui filed an appeal before the Supreme Court which was accepted on Wednesday.
During the course of proceedings, the Chief Justice Khosa observed that High Court failed to examine evidence that trial court recorded during adjudication, terming the High Court decision of Shah Hussain acquittal against the law.
Appearing on behalf of Hussain, senior counsel Khalid Ranjah contended that his client name was included in the FIR after five days of happening with mala fide intentions because there is no sufficient evidence on record against Shah Hussain. Ranjha was of the view that High Court has given benefit of doubt in accordance with law while acquitting his client.
Chief Justice Khosa observed as to why Hussain applied for a pre-arrest bail if he was not nominated in the FIR and was only named by the driver as the suspect to which counsel for Khadija submitted that the driver said Hussain was a suspect after the victim’s statement. While discussing investigation officer role in post-attack scenario, Chief Justice Khosa said that statement of investigation officer in the matter was not plausible evidence who failed to gather evidence.
Almost touching the grave two years ago Khadija Siddiqui cherished Supreme Court while talking to media after proceedings terming decision of the apex court as an evidence that one has to pay for wrongdoing. She also lauded media for giving day to day coverage to the case.
