Acquit Syed Faisal Raza Abidi on Legal Grounds
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Honourable Mr Justice Mian Saqib Nisar
Chief Justice of Supreme Court,
Islamic Republic of Pakistan.
Subject: Petition to Acquit Mr Syed Faisal Raza Abidi on the Legal Grounds.
The Right Honourable Lord!
We hereby lodge this petition in your esteemed court for acquitting Mr Syed Faisal Raza Abidi on the following grounds, arguments, merits and demerits:
1- Mr Abidi is arrested on the charges of Terrorism and Contempt of court, which was established under a suo motu action by your highness.
a. It is observed and noted that Mr Abidi had called the attention of the apex court and your lordship at several occasions in a quite rhetoric manner and questioned the integrity of some actions of the courts and the senior judges.
b. He raised his voice across the nation, showed his mistrust in the courts (some courts indeed) and admitted his actions while attending the court.
c. He was arrested under the charges of PPC sections 228, 500, 505(ii) and 34, as well as the Anti-Terrorism Act (ATA).
d. It should be further noted that He did not use the violence nor he:
i. Threatened to use violence.
ii. Use any weapons to intimidate any social or government circle.
iii. Corrupted the socio-economic system.
iv. Laundered money.
v. Smuggled anything.
vi. Evicted taxes.
vii. Harassed public.
viii. Kill anyone.
ix. Blocked roads, highways or intersections.
x. Swore any official of the Pakistan.
xi. Defied the authority of the judiciary as an institution.
xii. Muster people to suspend everyday life of the members of the public.
xiii. Blasphemed the sacred personalities of other faiths.
xiv. Attacked or threatened to stop the rituals of the followers of other faiths.
xv. Worked against the national interest.
xvi. Called names to the judges.
e. On the other hand, Nation has clearly witnessed that people who called names to your highness, swore the honourable judges, challenged the judiciary as an institution, threatened to use forces if law applied to them, blocked national highways, claimed government’s authority, defied state’s writ, killed people or threatened to kill people, attacked mosques and religious services and stigmatised Islam in the world are set free in this country and your highness has not paid heed to them at all.
Your Honourable Lord!
2- Supreme Court of Pakistan is the ultimate judiciary body of Islamic Republic of Pakistan and hoped to deliver Justice to the affected people, who might have not given their right at all lower levels!
3- Supreme Court of Pakistan is the top judiciary body and not the prosecution office of the nation.
4- The prosecution is the responsibility of the state or the plaintiff, whereas judiciary’s job is to assess the application of the law against complaints and appeals.
5- We have seen that in the case of Syed Faisal Raza Abidi, judiciary itself has become the prosecutor, which defies the basic rule of justice that a prosecutor cannot be a judge too.
6- It is seen that a case was registered in response to a complaint lodged by Supreme Court Public Relations Officer Shahid Hussain Kamboyo, who took action under your own notice.
7- By no merit any judiciary in the world will agree to the stance that posing hard questions to the judges (and questioning their actions as well as the doubting their integrity) falls under terrorism.
8- Please note that:
I- When any a court makes a decisions, there are always two possibilities:
a. Either the Decision is correct,
b. Or the decision is not free from flaws.
II- In both circumstances, the affected party is given the right to lodge an appeal against the decision or request a review of the verdict given, within the decision given by the court. In other words, the affected party’s right to question the integrity of the decision is established with I the decision and it is given a right to object the verdict.
III- Now there are again two possibilities that:
a. Either the higher bench will endorse the decision of the lower court,
b. Or the higher court will overturn the decision of the lower court.
IV- In both circumstances, it should be noted that:
a. The party which has lodged the appeal or review of the decision is indeed practically questioning the judgement and doubts its integrity.
b. If a higher court has reversed the decision, it means a senior judge has agreed to the point that the lower court has made a mistake in reaching the verdict.
V- There are hundreds of examples when a higher court has rejected the verdict of a lower court; including the episodes when a High Court’s verdict was overturned by Supreme Court.
VI- Now we can deduce that: Decisions made by judges are:
a. A mixture of right and wrong judgements,
b. The verdicts of courts are challenged (questioned) by affected party quite often by the affected party,
c. Judicial system is not free of errors and mistakes.
9- Stance: Based upon above argument and inference, we feel quite confident in saying that:
a. All decisions made by judges are not always correct and wrong decisions must be reversed.
b. every party, which is affected by a court’s decision has the right to:
i. Question the integrity of the decision/actions
ii. Object these decisions and
iii. Seek relief through protest against the decision.
c. Mistakes and blunders are not made at the lower courts only; rather apex courts are not the exception.
i. Nawaz Sheriff’s disqualification sentenced by LHC was relinquished in 2009 by the SCP.
ii. In January 2016, the Pakistani Supreme Court had also reversed or overturned its own decision of August 2015 to ban the hunting of the “houbara bustard,” a rare desert bird whose meat is prized among Arab sheikhs as an aphrodisiac.
iii. There are several examples when SCP has overturned a high court decision.
d. Thus keeping in view, we can further construe that practice of SCP proves that apex courts are also subject to making mistakes and errors, and that these mistakes need to be pointed out and reversed.
e. There are certain mistakes in the history of judiciary which cannot be reversed, but must be objected and even condemned. The best example is the case of Mr Z A Bhutto, where majority of the nation believes that his trial was unfair and the verdict was condemnable.
f. As the CJP, your highness has already admitted that judges do make mistakes (Dawn 29 July).
10- While it is a proven fact that courts do make mistakes, in this case the affected parties have the right to demand justice and lodge peaceful protest.
11- Syed Faisal Raza Abidi has represented a wider community group of Pakistan who are affected due to both the action and the oblivion of this apex court.
a. He was prodigiously seeking outcome of:
i. Swiss cases.
ii. Outcome of K Electric cases.
iii. Decisions against the pending terrorist cases.
iv. Relief for the people who are affected by terrorism.
b. When his voice was not heard, he became hyperbole and the rhetoric of demands became steadfast.
12- Therefore you are requested to look into this matter on the merits of justice and presumption of innocence and kindly order to acquit Syed Abidi from false cases of terrorism, and listen to his complaints as a majestic head of the apex court, so that wider part of Pakistani community can take a breath of peace and honour.
Thank you very much and humble regards,
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