State v. Mohammad Shahrukh
On Appeal Expands Expression
Key Details
- Mode of Expression
Audio / Visual Broadcasting, Electronic / Internet-based Communication - Date of Decision
March 1, 2014 - Outcome
Other - Case Number
N/A
- Region & Country
Pakistan, Asia and Asia Pacific
- Judicial Body
First Instance Court - Type of Law
Criminal Law - Themes
Violence Against Speakers / Impunity - Tags
Terrorism
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Case Analysis
Case Summary and Outcome
The Pakistani Anti-Terrorism Court convicted six men of the 2011 murder of Wali Khan Babar, a TV reporter for Geo News. All men belonged to the Muttahida Qaumi Movement, the largest political party in Karachi, and are believed to have targeted Babar for his reporting on the Movement’s turf wars and its role in land grabbing, extortion and targeted killings. This decision marks only the fifth instance where the killers of journalists were convicted.
Columbia Global Freedom of Expression notes that some of the information contained in this report was derived from secondary sources. This case analysis was provided by the Pakistan Press Foundation
Facts
On 13 January, 2011 Wali Khan Babar, reporter of Geo News television channel was killed while he was on his way home. After a lengthy investigation, seven suspects were eventually tried for murder as well as for terrorism offences.
Decision Overview
Judge Laghari announced the verdict of the Court. He found six of the seven guilty. All six were, or had been in the past, workers of the Muttahida Qaumi Movement (MQM), the largest political party in Karachi. Babar is believed to have been targeted because of his reporting on MQM’s turf wars and its role role in land grabbing, extortion and targeted killings.
There were two important pieces of evidence which helped the prosecution to successfully plead the case: the confessional statement of one accused, and the identification of the murderers by an eyewitness, Haider Ali, who was later killed himself.
Judge Laghari sentenced four of the six to life imprisonment and two to death.
All have appealed to the Sindh High Court.
Decision Direction
Quick Info
Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case.
Expands Expression
Wali Khan Babar is one of only three journalists killed for their reporting whose murderers have been convicted.
According to research by Pakistan Press Foundation, since 2001, 76 journalists and media workers in Pakistan have lost their lives while pursuing their work. Of these, 48 have been deliberately targeted and murdered for their reporting; the others were killed while covering dangerous assignments. Adding to the gravity of the situation is the fact that the perpetrators of violence against media professionals have in the past enjoyed almost absolute impunity from prosecution in Pakistan.
It is also noteworthy that it took three years for the specialized Anti-Terrorism Court to announce its verdict. This was due to security concerns: five witnesses in the case, including one crucial eye witness, were murdered, as was the initial prosecutor assigned to the case, Naimat Ali Randhawa. The provincial government filed an application in the Sindh High Court requesting that the case be transferred to Kandhkot , owing to the security risk to those involved. This was request was granted and the case eventually proceeded in Kandhkot.
Global Perspective
Quick Info
Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.
Table of Authorities
National standards, law or jurisprudence
- Pakistan Penal Code
Section 302 states the ‘Punishment of qatl-i-amd’
Section 34 concerns ‘Acts done by several persons in furtherance of common intention’ - Pak., Anti-Terrorism Act, PLD1997 Fed St 225., 1997
Section 7 concerns ‘Punishment for acts of terrorism’
Case Significance
Quick Info
Case significance refers to how influential the case is and how its significance changes over time.
This case did not set a binding or persuasive precedent either within or outside its jurisdiction. The significance of this case is undetermined at this point in time.
The decision was cited in:
Official Case Documents
Reports, Analysis, and News Articles:
- Television channel reporter gunned down in Karachi
http://www.pakistanpressfoundation.org/2012/11/television-channel-reporter-gunned-down-in-karachi-2 - Wali Babar case transferred to Kashmore-Kandhkot ATC
http://www.pakistanpressfoundation.org/2013/11/wali-babar-case-transferred-to-kashmore-kandhkot-atc/ - Suspect sentenced to death in Wali Khan Babar case also in custody: Rangers spokesman
https://www.geo.tv/latest/1524-suspect-sentenced-to-death-in-wali-khan-babar-case-also-in-custody-rangers-spokesman - First-ever convictions in a case of a murdered Pakistani journalist
http://www.pakistanpressfoundation.org/2014/03/first-ever-convictions-in-a-case-of-a-murdered-pakistani-journalist/ - Convicts appeal against life sentences in SHC
http://www.pakistanpressfoundation.org/2014/03/convicts-appeal-against-life-sentences-in-shc/
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