Since I'm Asmat's lawyer, I feel the record needs to be put straight as the bit in the tweet being referred to (below) about my address to the court misrepresents what I stated at the bar. #JusticeForNoor
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I raised a very simple but critical objection: the accused are entitled to examine, understand & receive all evidence against them bef charge can be framed. It would be unfair to consider adequate the provision of the prosecution statements (list provided) 2/
as it would violate the right to a fair trial guaranteed in art.10A of the constitution.
You would appreciate that charge cannot be framed unless the accused examine, understand and receive all the documentary evidence incl electronic docs.
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Since the prosecution has so far failed to discharge this critical obligation, therefore, commencement of trial cannot happen. The media related bit came later in the conversation and was not initiated by me, and was in any case by the way.
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My objection was not well received by prosecution team and unfortunately was not even brought on court record. I was told by the learned trial judge to file an application instead of raising verbal objection.
The fact is that the prosecution, by design or due to incompetence,
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failed to ensure timely commencement of trial.
If you’re a lawyer, you’ll do good to yourself and your clients if you read up on the right to a fair trial. Is there a case that the accused may not be supplied copies of documentary evidence against them?
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The evidence in this case includes forensic reports, call data records as well as CCTV footage on the basis of which chowkidar, maali and the khansama, who are neither rich nor educated, will be charged and tried for having allegedly acted on the instructions of their masters.
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Will you approve of denial of access to evidence to the accused and bulldoze through the trial? Will it be #justicefornoor or will it only satisfy anger, vengeance and personal egos of a few?
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Do not let your grief be consumed in misdirected anger. It's true that we fight for rights so that we can get relief today. But this is only partly true. The bigger truth is that we struggle for our rights, everyone's rights, so that we can build a better tomorrow.
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Child labour, law & the state
A few quick thoughts
There are several imp aspects & details which need to be revisited so far as reform of law re to 'child labor' is concerned. Specific to Zohra's case a couple of issues, among others, are worth pointing out.
1) a change in federal law i.e. the Employment of Children Act 1991 won't have an impact in provinces; provincial laws must also change which in this case is the Punjab Restriction on Employment Act 2016. 2) mere addition of 'domestic labor' to the schedule could keep the
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possibility of differing interpretations of the law open unless definition clauses are not duly amended.
The best option is to make child labor related laws simpler. The aim should be to minimse incidence of child labour permitted under the law i.e. labour for under 18.
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Today, an anti-terror ct in Lahore acquitted all those who were accused of lynching 2 men in Youhanabad. Toward the end, some def lawyers moved the case in the direction of an out of court settlement which should not have happened. Unfortunately, it did despite the fact
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that it was obv since beginning that it was a case of acquittal. Yet, 43 men belonging to poor Christian community of Youhanabad & vicinity were incarcerated for almost 5 long yrs because the govt & prosecution found it appropriate to punish them thru trial #Youhanabad
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2 out of 43 accused died in prison as a result of torture & ill treatment. But no accountability has taken place.
The social costs which such cases entail are never assessed. The families were stigmatised and separated from their loved ones for a long period of time.
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