On third January it was Khadija’s birthday, while she was cutting her cake; I asked her how confident she is about her appeal against the acquittal of Husain Shah’s sentence? She smiled back at me and said, “I have faith in the current judiciary. It was a tough decision initially after the attack to stand against the powerful opponent.”
Women in Pakistan usually give up seeking justice given the impediments and stumbling blocks that they have to overcome to get justice. But Khadija remained grounded despite being exposed to humiliation and shame that she faced when the defence purposely attempted to confront her with scandalous and objectionable material that had no nexus with the case. In a patriarchal and male chauvinistic society it’s really hard for a girl to stand up against injustice and fight for their rights, especially when the other party can easily use their influence in the court.
Khadija said that for her, it has been a long journey full of different trials, her wounds still haven’t healed. The scars continue to haunt her. Initially, it was very tough; she had 23 lacerations and other wounds. They were the most tormenting and torturous days of her life. It has been a tough journey. There were times her morale would just shatter and she would consider compromise, but then again, the perpetrator had no remorse or guilt and that attitude made her and her family even more steadfast in bringing the criminal to his legitimate end.
As a strong, honourable woman Khadija has the capacity and courage to overcome any hurdles or barriers in her life, she is gearing herself to help other girls around her in similar situations. She wants to be a similar role model for those in need of one. Justice for me is not only getting the perpetrator behind bars, it is to set a precedent case, so that next time no one even thinks of taking such a step. Her struggle is a test case for all women who go to the court to get justice. She hopes that her case will inspire other women to fight for justice, and lead legal reforms to ensure women are treated fairly.
And then, to many people’s surprise, Justice Sardar Ahmed Naeem overturned the ruling and acquitted Hussain Shah on June 4, 2018, giving him the benefit of the doubt. The acquittal prompted an outcry in Pakistan. Khadija’s story was widely shared on social media. Rights activists and celebrities expressed support for Khadija as the campaign gained steam. A day later, on June 5, 2018, Chief Justice Mian Saqib Nisar took suo moto notice of the acquittal
Given the exhausting process and the subsequent lack of timely action against the accused, prepared Khadija to enter boldly into the legal fraternity and fight for the truth. There are black sheep in every institution and the black sheep of the legal fraternity are all supporting the criminal, therefore, we can’t blame our legal system for this miscarriage in justice. We need to change the well-established perspective generated over the years in Pakistanis that justice is never served here.
In 2016, Khadija Siddiqi was a 21-year-old law student in Lahore, who was stabbed 23 times in broad daylight on a busy road while she was waiting to pick up her 6-year-old sister from school. She was brutally attacked by a former classmate, Shah Hussain. She miraculously survived the stabbing. After a harrowing wait that stretched out for over a year, justice was finally served when a judicial magistrate convicted Hussain of attempted murder and handed him seven years of imprisonment.
But in March 2018, a session court reduced Shah Hussain’s imprisonment from seven to five years. Khadija and Hussain both went to the Lahore High Court to have the verdict reviewed. His family contested the sentence, saying that the evidence against him wasn’t enough. Khadija’s lawyer filed an appeal against the reduction in his sentence. And then, to many people’s surprise, Justice Sardar Ahmed Naeem over turned the ruling and acquitted Hussain Shah on June 4, 2018, giving him the benefit of the doubt. The acquittal prompted an outcry in Pakistan. Khadija’s story was widely shared on social media. Rights activists and celebrities expressed support for Khadija as the campaign gained steam. A day later, on June 5, 2018, Chief Justice Mian Saqib Nisar took suo moto notice of the acquittal.
On January 23, 2019 Chief Justice Asif Saeed Khosa, leading a three-member panel, reinstated the conviction of Shah Hussain, accepting an appeal from Khadija Siddiqi, overturning the acquittal of Shah Hussain. After the court’s decision Khadija said: The court’s decision proves today that “if you raise your voice then ruth will win. If you misuse your authority and power, it will eventually come in front of you.”
Her family was her biggest strength. This is a brave young woman who is empowered by the support of her team of lawyers headed by Barristers Salman Safdar and Hassan Niazi and her countless supporters on social media activists. It will be unfair if I don’t mention Maria Memon and Shahzeb Khanzada, who kept her story alive. Khadija remained resolute. Her scars have become her strength. What remains unaltered is her faith in herself, her spirit, and her smile.
As Benazir Bhutto also said, “Women’s groups can serve as the backbone of civil societies around the world. Special attention should be paid to organizing women as political, social, and economic players in each respective society”.
The writer is a traveller and freelance writer based in UK.
Published in Daily Times, February 3rd 2019.