Lawyer confident Aasia Bibi will walk free soon

The judgment is fully in line with the law and constitution of the country, says Saiful Mulook. (AFP)
Updated 05 November 2018
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Lawyer confident Aasia Bibi will walk free soon

  • While unlawful, it's wrong to term deal between government and protestors as a "surrender", Mulook says
  • Christian woman's husband appeals to US, UK and Canada to help family exit Pakistan

KARACHI/LONDON: Reasoning that a petition to review a Supreme Court verdict, in the case of a Christian woman acquitted of blasphemy, would have no impact on the judgement taken last week, Aasia Bibi's lawyer said on Monday that he expected her to be freed soon.

Saiful Mulook added that this is because Bibi, 51, has already been declared innocent by Pakistan’s top court.

“It is not a rehearing of the case where evidence will be presented again. The Tehreek-e-Labbaik Pakistan (TLP) has to show from the judgement what they think is incorrect," Mulook told Arab News on phone, after addressing a press conference in Netherlands, on Monday.

He added that in any review petition, there are five percent chances of the verdict being in favor of the petitioner. However, in Bibi's case, there are zero percent chances that the judgment may be reversed.

To explain his point, the counsel maintained that in review petitions, it is the judgment which is reviewed and not the evidence. “The judges have already written upto five pages each discussing every evidence in this landmark judgment,” he told Arab News.

“The judgment is fully in line with the law and constitution of the country, but the clerics and extreme factions caused such extreme violence that it brought the country to a standstill,” he said.

Mulook added that the Lahore High Court (LHC) has set aside the admission. However, since the judgment was in favor of the plaintiff, he didn’t challenge the admission so there's nothing in the case which would deter Bibi from being acquitted.

With the reactionary protests that followed in the aftermath of the verdict, Mulook said he was summoned by representatives from the United Nations and the European Union, in Islamabad, who feared for his safety and urged him to leave the country, despite his repeated requests to let him complete the proceedings of the case.

“I wanted to complete the process of release by my own and wanted to stay in the country but I was told if I didn’t leave, I would be killed,” he told.

"They kept me in a room for three days and then put me on a plane to send me out of the country,” he told. “I didn’t leave the country with my will.”

Mulook explained that it takes time to release an individual after he or she has been acquitted by the Supreme Court.

"The verdict needs to be sent to the Lahore High Court by post, which is required to send it using the same mode to the sessions judge in Nankana, the judge who has issued the death warrants,” Mulook said, adding that had he been in Pakistan, he "would have accelerated the process".

Criticizing the government for striking a deal with the protesting party, the Tehreek-e-Labbaik Pakistan (TLP), Mulook said: “The deal is unlawful. Legally, the government cannot sign such deals. However, it cannot be called surrender as governments across the world sign such deals with protestors.”

“There are no legal bindings on the government to fulfill the points of the deal written on white paper,” he added.

Discussing the outcome of the protests, Mulook made it clear that the manner in which the rioters were dispersed does not jeorpadise Bibi’s verdict at all. “It is not possible for the demands of the TLP to be acquiesced," he said, adding that the agreement “is all for saving the face of the clerics and their followers”.

In the past, he said, Pakistan has lost the lives of many civilians due to certain radical elements of society, so it was a quick decision on part of the government to disperse the crowds.

He concluded by saying that the government cannot place Bibi on the country's Exit Control List -- which was one of the points agreed upon in the five-part deal.

Last Wednesday, the Supreme Court said it found Bibi not guilty, citing a lack of evidence in her case. The decision, however, prompted countrywide protests by the TLP, a far-right Islamist group. The protests, which had also turned violent in some areas, compelled the government to strike a deal with the protestors.

Meanwhile, Ashiq Masih, Bibi's husband has appealed to the United States, United Kingdom and Canada to help them exit Pakistan.

According to the British media, Masih, in a video message appealed to US President Donald Trump for help.


Hong Kong firm begins arbitration proceedings over ruling against its Panama Canal port contract

Updated 6 sec ago
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Hong Kong firm begins arbitration proceedings over ruling against its Panama Canal port contract

  • The Hutchison subsidiary has operated ports at both ends of the Panama Canal since 1997
  • US Secretary of State Marco Rubio views the operation of the ports as a national security issue
HONG KONG: Hong Kong’s CK Hutchison Holdings said Wednesday its subsidiary started arbitration proceedings against Panama after that country’s Supreme Court ruled a concession for the subsidiary to operate Panama Canal ports was unconstitutional.
Hutchison said it strongly disagreed with last week’s ruling, and China warned Panama would pay “a heavy price” if it persisted. Panama’s president has moved to assure the public that the ports would operate without interruption after the ruling, which advanced a US aim to block any influence by China over the canal linking the Atlantic and Pacific oceans.
Hutchison’s subsidiary, Panama Ports Company, began arbitration proceedings Tuesday under the rules of the Paris-based International Chamber of Commerce, the company said in a statement.
The rules are overseen by the chamber’s International Court of Arbitration, an independent body, and it’s unclear what the impact of the proceedings would be. The Panamanian president’s office and commerce ministry did not immediately respond to requests for comment late Tuesday local time.
The ruling draws ire from China
The court ruling has drawn backlash from China, and the tensions may complicate Hutchison’s plan to sell its port assets in dozens of countries to a group that includes the US investment firm BlackRock Inc.
The planned sale has already been caught up in tensions between Beijing and Washington. US President Donald Trump, who has alleged that China interferes with the canal, initially welcomed that plan. However, it apparently angered Beijing and drew a review by Chinese anti-monopoly authorities.
On Tuesday night, Beijing’s office overseeing Hong Kong affairs criticized the Panama court ruling as legally groundless and ridiculous, saying the ruling reflected that Panamanian authorities were bowing down to hegemonic powers. It did not specify the countries but pointed to politicians from some countries who had said they were “encouraged” by the ruling, in an apparent veiled reference to US Secretary of State Marco Rubio.
In a statement shared on social media platform WeChat, the office said that China will never bow to hegemonism and has sufficient means and tools, as well as capability, to uphold justice in the international economic and trade order.
“Panama’s authorities should recognize the situation and correct their course,” it said. “If they persist in their own way and refuse to see reason, they will pay a heavy price both politically and economically!”
A company caught in US-China tensions
The Hutchison subsidiary has operated ports at both ends of the Panama Canal since 1997. The awkward position Hutchison found itself in highlights the challenges Hong Kong business elites face in navigating Beijing’s expectations of national loyalty, especially during U.S-China tension. CK Hutchison is owned by the family of Hong Kong’s richest man, Li Ka-shing.
The company said last July that it was considering seeking a Chinese investor to join as a significant member of the consortium under its sale plan, a move that some interpreted as way to please Beijing, but CK Hutchison hasn’t said more since.
The consortium also includes BlackRock subsidiary Global Infrastructure Partners and Terminal Investment Limited, which is chaired by Italian shipping scion Diego Aponte, whose family reportedly has a longstanding relationship with Li’s.
Last May, Hutchinson co-managing director, Dominic Lai told shareholders that Terminal Investment was the main investor.
Panama’s government has maintained it has full control over the canal and that the operation of the ports by Hutchison does not mean Chinese control of it. But Rubio made clear that the US viewed the operation of the ports as a national security issue.