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.


A tiny village in India where Kamala Harris has ancestral roots is praying for her victory

Updated 9 sec ago
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A tiny village in India where Kamala Harris has ancestral roots is praying for her victory

THULASENDRAPURAM: The temple reverberated with rhythmic Sanskrit and Tamil hymns, as a Hindu priest held a flame before the god. As this tiny South Indian village gathered to pray for Kamala Harris, a gaggle of reporters jostled for space and camera angles.
There's little to distinguish the village of Thulasendrapuram from any other rural community in Tamil Nadu, except its connection to a woman who could become America's first leader with South Asian roots.
As millions of Americans vote, Harris has people rooting for her from thousands of miles away in a village surrounded by rice paddies and coconut trees, where her mother's family has ancestral ties. They talk about her at the local tea shop. Banners and billboards bearing her face are seen throughout the community.
“Our deity is a very powerful God. If we pray well to him, he will make her victorious,” said M. Natarajan, the temple priest that led the prayers in front of the image of Hindu deity Ayyanar, a form of Lord Shiva.
Harris’ maternal grandfather was born in the village, about 350 kilometers (215 miles) from the southern coastal city of Chennai, more than 100 years ago. As an adult, he moved to Chennai, where he worked as a high-ranking government official until his retirement.
Harris has never visited Thulasendrapuram and she has no living relatives in the village, but people here still venerate the family that made it big in the U.S.
“Our village ancestors' granddaughter is running as a U.S. presidential candidate. Her victory will be happy news for every one of us,” Natarajan said.
The village's sudden fame has helped bring money into the village. Recently, construction began on a water storage tank with funds donated by a local bank. Village residents say it will carry a plaque with Harris’ name.
Harris’ late mother, Shyamala Gopalan, was born in India. After moving to the U.S. to study, she married a Jamaican man, and they named their daughter Kamala, a Sanskrit word for “lotus flower.”
Other than trips during her childhood, Harris hasn’t visited India much — particularly not since becoming vice president — but she has often spoken emotionally about her ties to her late mother’s country of birth. On Tuesday, she released a campaign video highlighting her mother, who arrived in the U.S. at age 19 and became a cancer researcher.
Titled “Mother,” the video ends with a narrator saying: “This daughter of Shyamala, this daughter of the American story, is ready to lead us forward.”
Harris has often talked about how she was guided by the values of her Indian-born grandfather and mother. She has also spoken of her love of south Indian food, especially a type of steamed rice cake called idli.
Harris’ name is engraved in a list of donors — her aunt Sarala Gopalan gave money to the temple in her name — along with that of her grandfather. Outside, a large banner wishes “the daughter of the land” success in the election.
On Tuesday, the village temple also received rare international visitors: two American tourists and one from the U.K., all wearing black t-shirts that said “Kamala Freakin Harris.”
Manikandan Ganesan, a villager who runs a small store near the temple, said Harris’ bid for the presidency has made the village famous. He hopes Harris will eventually visit them.
“Even if she mentioned that she would visit our village, it would make us very happy,” Ganesan said. “Her victory itself will be a big source of happiness for us.”
Village residents also prayed for Harris’ victory in 2020, and set off firecrackers when she became the U.S. Vice President.
For women of the village, the candidate's journey is a source of inspiration.
Local politician Arulmozhi Sudhakar said Harris embodies a significant step toward female empowerment in places like Thulasendrapuram, where a majority of women continue to face discrimination and gender inequality.
“From the time when women were not even allowed to step out of their house, to now a woman from our village contesting in the U.S. presidential election — this brings happiness for us,” Sudhakar said. “The coming generations will see her as a role model to succeed in life.”

Ukraine’s military says it shot down 48 drones and two missiles overnight

Updated 15 min 24 sec ago
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Ukraine’s military says it shot down 48 drones and two missiles overnight

KYIV: The Ukrainian military said on Tuesday it shot down 48 out of 79 drones and two missiles launched by Russia overnight.
The air force said the location of 30 other drones had been lost, while another had returned to Russia.


India foreign minister says vandalism of Hindu temples deeply concerning

Updated 05 November 2024
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India foreign minister says vandalism of Hindu temples deeply concerning

  • Vandalism incident happened weeks after Ottawa expelled six Indian diplomats, linking them to killing of Sikh separatist leader in 2023 
  • Canada has accused India of conducting a broad campaign against South Asian dissidents in Canada, which New Delhi denies 

SYDNEY: India foreign minister Subrahmanyam Jaishankar said on Tuesday the vandalism of a Hindu temple in Canada on Monday was deeply concerning.
“What happened yesterday at the Hindu temple in Canada was obviously deeply concerning,” he told reporters in the Australian capital Canberra while on an official visit.
The incident happened weeks after Ottawa expelled six Indian diplomats, linking them to the killing of a Sikh separatist leader in 2023 in Canada. Canada has accused the Indian government of conducting a broad campaign against South Asian dissidents in Canada, which New Delhi denies.
The incident has increased tensions between Canada and India, and between Sikh separatists and Indian diplomats.
Two Hindu temples were also vandalized in Canberra last month, which Australian Foreign Minister Penny Wong said was upsetting for members of the Indian community.
“People across Australia have a right to be safe and respected, people also have a right to peaceful protest, people have a right to express their views peacefully,” she told reporters.
“We draw a line between that and violence, incitement of hatred or vandalism,” she added.
Wong said Australia had expressed its views to India about Canada’s allegations over the targeting of Sikh separatists, and Canberra respected Canada’s judicial process. Jaishankar said it was unacceptable that Indian diplomats had been placed under surveillance by Canada.
“Canada has developed a pattern of making allegations without providing specifics,” he said.


India foreign minister says vandalism of Hindu temples deeply concerning

Updated 05 November 2024
Follow

India foreign minister says vandalism of Hindu temples deeply concerning

  • Canada has accused the Indian government of conducting a broad campaign against South Asian dissidents in Canada, which New Delhi denies

SYDNEY: India foreign minister Subrahmanyam Jaishankar said on Tuesday the vandalism of a Hindu temple in Canada on Monday was deeply concerning.
“What happened yesterday at the Hindu temple in Canada was obviously deeply concerning,” he told reporters in the Australian capital Canberra while on an official visit.
The incident happened weeks after Ottawa expelled six Indian diplomats, linking them to the killing of a Sikh separatist leader in 2023 in Canada. Canada has accused the Indian government of conducting a broad campaign against South Asian dissidents in Canada, which New Delhi denies.
The incident has increased tensions between Canada and India, and between Sikh separatists and Indian diplomats.
Two Hindu temples were also vandalized in Canberra last month, which Australian Foreign Minister Penny Wong said was upsetting for members of the Indian community.
“People across Australia have a right to be safe and respected, people also have a right to peaceful protest, people have a right to express their views peacefully,” she told reporters.
“We draw a line between that and violence, incitement of hatred or vandalism,” she added.
Wong said Australia had expressed its views to India about Canada’s allegations over the targeting of Sikh separatists, and Canberra respected Canada’s judicial process. Jaishankar said it was unacceptable that Indian diplomats had been placed under surveillance by Canada.
“Canada has developed a pattern of making allegations without providing specifics,” he said.


Trump wants the presidential winner to be declared on election night. Why that’s unlikely

Updated 05 November 2024
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Trump wants the presidential winner to be declared on election night. Why that’s unlikely

Former President Donald Trump is stepping up his demands that the winner of the presidential race be declared shortly after polls close Tuesday, well before all the votes are counted.
Trump set the pattern in 2020, when he declared that he had won during the early morning hours after Election Day. That led his allies to demand that officials “stop the count!” He and many other conservatives have spent the past four years falsely claiming that fraud cost him that election and bemoaning how long it takes to count ballots in the US
But one of many reasons we are unlikely to know the winner quickly on election night is that Republican lawmakers in two key swing states have refused to change laws that delay the count. Another is that most indications are this will be a very close election, and it takes longer to determine who won close elections than blowouts.
In the end, election experts note, the priority in vote-counting is to make sure it’s an accurate and secure tally, not to end the suspense moments after polls close.
“There’s nothing nefarious about it,” said Rick Hasen, a law professor at the University of California, Los Angeles. “The time delay is to protect the integrity of the process.”
Trump’s demand also doesn’t seem to account for the six time zones from the East Coast to Hawaii.
David Becker, an elections expert and co-author of “The Big Truth,” debunking Trump’s 2020 election lies, said it’s not realistic for election officials in thousands of jurisdictions to “instantly snap their fingers and count 160 million multi-page ballots with dozens of races on them.”
Trump wants the race decided Tuesday night
During a Sunday rally in Pennsylvania, Trump demanded that the race be decided soon after some polls begin closing.
“They have to be decided by 9 o’clock, 10 o’clock, 11 o’clock on Tuesday night,” Trump said. “Bunch of crooked people. These are crooked people.”
It was not clear who he was targeting with the “crooked people” remark.
Timing is one example of why Trump’s demands don’t match the reality of conducting elections in the US By 11 p.m. Eastern time, polls will just be closing in the two Western swing states of Arizona and Nevada.
Trump has led conservatives to bemoan that the US doesn’t count elections as swiftly as France or Argentina, where results for recent races have been announced within hours of polls closing. But that’s because those countries tabulate only a single election at a time. The decentralized US system prevents the federal government from controlling elections.
Instead, votes are counted in nearly 10,000 separate jurisdictions, each of which has its own races for the state legislature, city council, school boards and ballot measures to tabulate at the same time. That’s why it takes longer for the US to count votes.
Declaring a winner can take time
The Associated Press calls races when there is no possibility that the trailing candidate can make up the gap. Sometimes, if one candidate is significantly behind, a winner can be called quickly. But if the margin is narrow, then every last vote could matter. It takes a while before every vote is counted even in the most efficient jurisdictions in the country.
In 2018, for example, Republican Rick Scott won the US Senate race in Florida, a state conservatives regularly praise for its quick tally. But the AP didn’t call Scott’s victory until after the conclusion of a recount on Nov. 20 because Scott’s margin was so slim.
It also takes time to count every one of the millions of votes because election officials have to process disputed, or “provisional,” ballots, and to see if they were legitimately cast. Overseas ballots from military members or other US citizens abroad can trickle in at the last minute. Mail ballots usually land early, but there’s a lengthy process to make sure they’re not cast fraudulently. If that process doesn’t start before Election Day, it can back up the count.
Some states, such as Arizona, also give voters whose mail ballots were rejected because the signatures didn’t match up to five days to prove they actually cast the ballot. That means final numbers simply cannot be available Tuesday night.
Election rules are to blame in some states
Some of the sluggishness is due to state-specific election rules. In Pennsylvania and Wisconsin, two of the most important swing states, election officials for years have pleaded with Republican lawmakers to change the law that prevents them from processing their mail ballots before Election Day. That means mail ballots get tallied late, and frequently the results don’t start to get reported until after Election Day.
Democrats have traditionally dominated mail voting, which has made it seem like Republicans are in the lead until the early hours of the next morning, when Democratic mail votes finally get added to the tally. Experts even have names for this from past elections — the “red mirage” or the “blue shift.” Trump exploited that dynamic in 2020 when he had his supporters demand an abrupt end to vote counts — the ballots that remained untallied were largely mail ones that were for Joe Biden. It’s not clear how that will play out this year, since Republicans have shifted and voted in big numbers during early voting.
Michigan used to have similar restrictions, but after Democrats won control of the state Legislature in 2022 they removed the prohibition on early processing of mail ballots. That state’s Democratic Secretary of State, Jocelyn Benson, said she hopes to have most results available by Wednesday.
“At the end of the day, chief election officials are the folks who have the ability to provide those accurate results. Americans should focus on what they say and not what any specific candidate or folks who are part of the campaign say,” said Jen Easterly, director of the US Cybersecurity and Infrastructure Security Agency.
Trump allies urge him to declare victory swiftly
Some of Trump’s allies say he should be even more aggressive about declaring victory this time around.
Longtime Trump ally Steve Bannon, who in 2020 predicted the then-president would declare victory before the race was called, advocated for a similar strategy during a recent press conference after he was released from federal prison, where he was serving time for a contempt of Congress conviction related to the investigation into Trump’s effort to overturn his loss in 2020.
“President Trump came up at 2:30 in the morning and talked,” Bannon said. “He should have done it at 11 o’clock in 2020.”
Other Trump supporters have taken a darker tone. His former national security adviser, Michael Flynn, suggested during a recent interview on the right-wing American Truth Project podcast that violence could erupt in states still counting ballots the day after Election Day because people “are just not going to put up with it.”
Trying to project a sense of inevitability about a Trump win, the former president and his supporters have been touting early vote data and favorable polls to contend the election is all but over. Republicans have returned to voting early after largely staying away at Trump’s direction in 2020 and 2022. In some swing states that track party registration, registered Republicans are outvoting Democrats in early voting.
But that doesn’t mean Republicans are ahead in any meaningful sense. Early voting data does not tell you who will win an election because it only records who voted, not how they voted.
Vice President Kamala Harris’ campaign has been explicitly targeting Republicans disillusioned by Trump. In each of those states where more Republicans have voted, there also are huge numbers of voters casting early ballots who are not registered with either of the two major political parties. If Harris won just a tiny fraction more of those votes than Trump, it would erase the small leads Republicans have.
There’s only one way to find out who won the presidential election: Wait until enough votes are tallied, whenever that is.