BHC overturns ex-MPA Achakzai's acquittal, hands him 10 years in traffic officer's death case

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QUETTA:
The Balochistan High Court on Tuesday accepted the provincial government's appeal against the acquittal of Pashtunkhwa Milli Awami Party (PMAP) leader, former provincial lawmaker and Public Accounts Committee chairman Abdul Majeed Achakzai, sentencing him to 10 years of rigorous imprisonment in the case involving the death of traffic sub-inspector Haji Ataullah.


The court also ordered him to pay blood money to the legal heirs of the deceased.

According to the Balochistan High Court, a division bench comprising Justice Muhammad Aamir Nawaz Rana and Justice Abdul Qayyum Lehri heard the government's appeal against Achakzai's acquittal. The court accepted the appeal and set aside the acquittal verdict announced on September 4, 2020, by the Additional Sessions Judge-VI and Model Criminal Trial Court-II, Quetta.

The high court convicted Achakzai under Section 320 of the Pakistan Penal Code (PPC) for causing the death of traffic sub-inspector Haji Ataullah, who was on duty, by running him over while driving recklessly and negligently at high speed.

The court sentenced Achakzai to 10 years of rigorous imprisonment and ordered him to pay blood money to the deceased's legal heirs.

The high court directed the Additional Sessions Judge-VI, Quetta, to issue non-bailable arrest warrants for Achakzai, who is currently out on bail, for his immediate arrest and the implementation of the sentence.

The court also directed the relevant authorities to ensure prompt execution of the arrest warrants in accordance with the law so that Achakzai could be transferred to prison to serve his sentence.

The case

The incident took place on June 20, 2017, at GPO Chowk on Zarghoon Road in Quetta, where a speeding official Land Cruiser belonging to Achakzai hit traffic sergeant Haji Ataullah Dashti, who was on duty. Dashti sustained serious injuries and later died, while a cyclist, Abdul Ghafoor Baloch, was also injured.


Achakzai allegedly ran over the traffic sergeant after the latter signalled him to stop. The incident, initially treated as a traffic accident, came under scrutiny after CCTV footage emerged showing the vehicle hitting the officer following an exchange of words between the two. The footage went viral on social media and prompted protests by the Balochistan press. There were also reports that Achakzai was driving recklessly and was intoxicated at the time.

Police initially registered a case against unidentified persons. Following the emergence of the footage, they registered a case against Achakzai on charges of terrorism, murder, and attempted murder. He was arrested from his residence in Quetta's Satellite Town area on June 25, 2017.

Civil Lines police subsequently submitted a challan before the Anti-Terrorism Court, but the terrorism charge was later withdrawn after police failed to establish it.

Achakzai, who was elected to the Balochistan Assembly from PB-13 Qila Abdullah in the 2013 general elections, admitted that he had been driving his official vehicle when the incident occurred. He said he would compensate the deceased traffic sergeant's family and the injured passerby. He also intended to travel to Dera Ghazi Khan with tribal elders to meet Dashti's family.

The case was later transferred to the Model Criminal Trial Court in Quetta, where it remained under trial for around three years.

On September 4, 2020, the Model Criminal Trial Court acquitted Achakzai, ruling that the prosecution had failed to establish that he was driving the vehicle when the incident occurred.

In its 29-page written judgment, Judge Dost Muhammad Mandokhail noted that none of the 20 prosecution witnesses, including eyewitnesses and the deceased's brother, had identified Achakzai as the driver of the vehicle.

The judgment said the police had initially registered the FIR against unidentified persons but did not conduct an identification parade after nominating Achakzai as an accused.

The court observed that the CCTV footage did not establish who was driving the vehicle. It also noted contradictions and omissions in prosecution witnesses' statements and said the case had not been proved beyond reasonable doubt.

Achakzai had denied the allegations in his statement recorded under Section 342 of the Code of Criminal Procedure, claiming that his driver had been behind the wheel and that he was not in the vehicle.

The trial court consequently acquitted him of the charges under sections 302, 324, 279, 337 and 427 of the PPC. The provincial government later challenged the acquittal before the Balochistan High Court.
 
As long as diyat law is there elites will get away with murder.

Exactly.
In a poor country with such bad legal system and where the laws allow for the 'Blood Money', the rich and the powerful have powerful tools available to literally get away with murder. But I think the social media is bringing a lot of spotlight on such cases and change is coming albeit slowly.
 
Exactly.
In a poor country with such bad legal system and where the laws allow for the 'Blood Money', the rich and the powerful have powerful tools available to literally get away with murder. But I think the social media is bringing a lot of spotlight on such cases and change is coming albeit slowly.
It's a touchy subject , better avoid getting into the details.
 
The son of the judge from Balochistan also killed 2 girls. No punishment in that case. This old case has been nothing but a selective punishment. It is GHQ's dirty game. It wants to coerce MK Achakzai. I guess Pindi is selling that policeman's body for their gain.

Anyway, his cousin should have been punished already if he was involved.
 
The son of the judge from Balochistan also killed 2 girls. No punishment in that case. This old case has been nothing but a selective punishment. It is GHQ's dirty game. It wants to coerce MK Achakzai. I guess Pindi is selling that policeman's body for their gain.

Anyway, his cousin should have been punished already if he was involved.
Had he been acquitted, you would have been doing the same old about how corrupt the system is. When he is convicted, you continue the same albeit with another stick.

Also, the whataboutism does not help. Was this chap responsible for the death of the traffic officer's death? If he was then it's fair and square without delving into the supposed machinations focused on your favorite "GHQ" junoon.
 
Had he been acquitted, you would have been doing the same old about how corrupt the system is. When he is convicted, you continue the same albeit with another stick.

Also, the whataboutism does not help. Was this chap responsible for the death of the traffic officer's death? If he was then it's fair and square without delving into the supposed machinations focused on your favorite "GHQ" junoon.
Had S.Sharif or N. Sharif been acquitted in NAB cases? It is just that NAB has taken back the references.
The timing does matter. Courts are weak. No judge in BHC can give a verdict against a popular person or leader unless a more powerful force is behind them.
There is no fairness or squareness in Pakistan whatsoever. Give me one famous example.
 
Had S.Sharif or N. Sharif been acquitted in NAB cases? It is just that NAB has taken back the references.
The timing does matter. Courts are weak. No judge in BHC can give a verdict against a popular person or leader unless a more powerful force is behind them.
There is no fairness or squareness in Pakistan whatsoever. Give me one famous example.
I am really not sure how to respond to you connecting all sorts of dots just so you can continue your anti-GHQ matam.

This is a criminal case of murder while being intoxicated. NAB cases are all financially/politically linked issues (every govement has used the NAB to target its opponents). Yet, there is a VAST difference in financial irregularity vs. taking the life of another human.

Quran says: Whoever takes a life—unless as a punishment for murder or mischief in the land—it will be as if they killed all of humanity.

Now find me another verse with the same kind of gravity/weight as the above (5:32) concerning financial irregularity. Yes, financial corruption too is bad and people will not get a pass in the hereafter if they go unpunished in this world, but why not deal with each issue on its own merit?
 
I am really not sure how to respond to you connecting all sorts of dots just so you can continue your anti-GHQ matam.

This is a criminal case of murder while being intoxicated. NAB cases are all financially/politically linked issues (every govement has used the NAB to target its opponents). Yet, there is a VAST difference in financial irregularity vs. taking the life of another human.

Quran says: Whoever takes a life—unless as a punishment for murder or mischief in the land—it will be as if they killed all of humanity.

Now find me another verse with the same kind of gravity/weight as the above (5:32) concerning financial irregularity. Yes, financial corruption too is bad and people will not get a pass in the hereafter if they go unpunished in this world, but why not deal with each issue on its own merit?
I am not saying that any murderer should not be punished. In fact, I was angry when that incident happened in IK's era. His nephew Hasan Niazi was among the lawyers who charged at Lahore Cardiology Centre. Then there was the Sahiwal incident.
In past, there was Solangi case where an Uncle killed her niece for property, or when a pregnant singer was killed bcz she couldn't dance in SIndh.
You know Zaradri has killed her cousin for 'honour'.

I am just pointing out that the public will take this as state persecution, and DGISPR has iterated many times what the state is. Not to mention innocent killings in unnecessary military operations and raids.

I don't mind you go overboard defending the army, but please keep in mind, one of the conditions for Jihad.

The Verse (Surah An-Nisa, 4:75)

"And what is it with you? You do not fight in the cause of Allah and for oppressed men, women, and children who cry out, 'Our Lord! Deliver us from this land of oppressors! Appoint for us a saviour; appoint for us a helper—all by Your grace.'”

be vocal about citizens who are really getting oppressed by the state. be their voice in whatever decent manner there is. Please don't tilt due to fraternity.
 
Exactly.
In a poor country with such bad legal system and where the laws allow for the 'Blood Money', the rich and the powerful have powerful tools available to literally get away with murder. But I think the social media is bringing a lot of spotlight on such cases and change is coming albeit slowly.

Unkil even if blood money is settled between two parties, it still does not absolve the rest of the society to seek whatever form of justice they have set forth.

It's bronze age understanding of social justice that muffakirs like you champion is what needs to change.
 
I am not saying that any murderer should not be punished. In fact, I was angry when that incident happened in IK's era. His nephew Hasan Niazi was among the lawyers who charged at Lahore Cardiology Centre. Then there was the Sahiwal incident.
In past, there was Solangi case where an Uncle killed her niece for property, or when a pregnant singer was killed bcz she couldn't dance in SIndh.
You know Zaradri has killed her cousin for 'honour'.

I am just pointing out that the public will take this as state persecution, and DGISPR has iterated many times what the state is. Not to mention innocent killings in unnecessary military operations and raids.

I don't mind you go overboard defending the army, but please keep in mind, one of the conditions for Jihad.

The Verse (Surah An-Nisa, 4:75)

"And what is it with you? You do not fight in the cause of Allah and for oppressed men, women, and children who cry out, 'Our Lord! Deliver us from this land of oppressors! Appoint for us a saviour; appoint for us a helper—all by Your grace.'”

be vocal about citizens who are really getting oppressed by the state. be their voice in whatever decent manner there is. Please don't tilt due to fraternity.
They are oppressed from voicing their political dissent for sure but how does that preclude the armed forces from defending their nation and waging jihad in defense of it? Just because you don't like the CoAS, the entire army is now afoul of Quranic injunctions? When was the last time the Armed Forces did not show up to carry out their national duty?

Second, the oppression that is being talked about in Quran is of an entirely different type. They want the political oppression to be over? Then they should accept the sitting government and stop undermining it and the entire PTI leadership will be set free. We hear complaints about "American conspiracy behind overthrow of IK's government" and then see the PTI base in the US canvassing the same American system, ala Chris Van Hollen et-al, to affect change. What kind of bakvas is this?
I see no black and white here. It is all a bunch of shit that each side flings on the other and that passes for politics in Pakistan and also in the diaspora.

The sitting government is NOT "oppressing" by mass murdering, displacing, destroying men, women, and children on account of political dissent. There is unfairness for sure, but you are applying Quranic injunctions for a system that in itself is abhorrent to the Quran (I.e. our popular democracy).

The problem with your post is that with every issue, you tie it back to your PTI cause. This thread had nothing to do with it. The chap murdered an innocent traffic warden while being intoxicated. We heard that BHC gave 10 yrs RI and you took an issue with that as well. If he had done the usual muk-mukka by cheaply paying blood-money, then too you would have blamed the corrupt system.

While I am always aligned with blaming the sitting establishment/government (for the incarceration of IK, wife, sisters and for not allowing him to meet his sons etc.) and always hope for reconciliation for the good of Pakistan, I also don't see PTI as some knight in shining armor. It isn't and for the sake of Pakistan, specially those sitting outside of Pakistan, should think about other alternative outcomes that bring back stability and peace to Pakistan and us wretched masses.
 
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