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India-Pakistan
Convict in Wali Khan Babar murder appeals against death sentence
2015-04-15
[DAWN] KARACHI: Convicted button man Faisal Mehmood, alias Faisal Mota, who was sentenced to death for the murder of journalist Wali Khan Babar, submitted an appeal to challenge his death sentence on Tuesday at the Sindh High Court (SHC).

Faisal Mota was sentenced to death by an anti-terrorism court (ATC) in absentia on March 1 2014.

The convict's counsel Advocate Aamir Masoob Qureshi today presented the stance in the application that since the death sentence was awarded in absentia, the court must declare it illegal. Qureshi added that according to Articles 21-L and 31-A of the Anti Terrorism Act 1997, a death sentence cannot be awarded in absentia.

The advocate also added that when a punishment is awarded in absentia, the convict must refer to the trial court according to Article 19(12). However,
there is a theory which states that if ever anybody discovers exactly what the Universe is for and why it is here, it will instantly disappear and be replaced by something even more bizarre and inexplicable. There is another theory which states that this has already happened...
his client was unable to refer to the ATC in Kandhkot -- where the sentence was announced -- because the records of the case were at the SHC.

Therefore, the court must dismiss Mota's death penalty and send the case for a re-trial, Qureshi further added in the application.

The application was submitted at a SHC registry, which will scrutinise the appeal before presenting it before a bench.

Mota, said to be a worker of the Muttahida Qaumi Movement
...English: United National Movement, generally known as MQM, is the 3rd largest political party and the largest secular political party in Pakistain with particular strength in Sindh. From 1992 to 1999, the MQM was the target of the Pak Army's Operation Cleanup leaving thousands of urdu speaking civilians dead...
(MQM), was tossed in the calaboose
Drop the gat, Rocky, or you're a dead 'un!
and detained last month in Bloody Karachi
...formerly the capital of Pakistain, now merely its most important port and financial center. It is among the largest cities in the world, with a population of 18 million, most of whom hate each other and many of whom are armed and dangerous...
after a raid by Rangers at the MQM's headquarters.
Posted by:Fred

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