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EDITORIAL: Tragedy of Mukhtar Mai continues

A division bench of the Lahore High Court has acquitted five of six men sentenced to death in the Mukhtar Mai gang-rape case. The LHC decision quashes the judgement of an anti-terrorism court (ATC) in Dera Ghazi Khan. The accused were let off for lack of evidence. Mukhtar Mai, who was in court, began to cry after the decision. “I will appeal. I will go anywhere, wherever is necessary ... to get my right,” she was reported as saying.

This is a sad day for Pakistan. Mukhtar Mai caught world headlines because the case was one of gang rape in full public view. It was thus an open and shut case. There were about 150 witnesses. The rape happened at a time when General Musharraf was exhorting people to be moderate and enlightened. In due course, the ATC sentenced six and acquitted the rest. It seemed that justice had been done.

But it seems not, at least that is the public perception about the High Court judgement. The judgment is based on the fact that there is not enough “evidence” to prosecute the alleged culprits. That is probably true legally. The High Court has gone by the book. But two questions arise. Was this the right time to go strictly by the book when the courts are not exactly renowned for going by the book in cases with political overtones? Why was the police unable to put together the evidence to clinch a decision in its favour when the rape happened publicly? The government has to answer this, not the High Court.

Mukhtar Mai has challenged the decision and the case will now proceed to the Supreme Court. This is not a case in which a woman has been raped. This is a case in which a nation has been raped. That is how we should feel about it. This is not a case in which technicalities and police incompetence can be allowed to override national security. The issue of this country’s image is one of national security as General Musharraf has said time and again. It’s a question of how we treat one half of Pakistan. For any court to ignore this aspect is to tackle the issue very narrowly. That needs to change.

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