Friday, September 30, 2011

Radical Islamism & Jihad
30 Sep 2011, NewAgeIslam.Com
Salmaan Taseer Murder: Mumtaz Qadri’s Bogus Defence

By Ejaz Haider

So, Qadri’s lawyers are presenting his act as sudden provocation, automatism in legal terms, meant as a defence by negating the existence of actus reus, the actual act of committing a crime. This is supplemented by referring to religion, religious teachings and the sanctity of the Prophet (PBUH) not just to ground the automatism plea but to appeal to the court’s own conscience and piety. Implied in this is also a veiled threat that some issues stand above and beyond the law and institutional hierarchy and must be treated on a touchstone other than that which placed Taseer in a position of authority. Ironically, this effect is to be achieved by referring to Taseer’s alleged conduct as violative of the blasphemy law and the inability — or unwillingness — of the state to proceed against him which, in this case, forced Qadri to act on his own. The inevitability of Taseer’s murder is argued by the defence as “if Qadri had not killed him, someone else would have”. -- Ejaz Haider

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