Islamic court declares acquittal of woman's rapists illegal

Pakistan’s highest Islamic court has thrown out the controversial acquittal of five men convicted of raping a woman on orders from a village council in a case that shocked the world.

It said today that a lower appeals court had no jurisdiction to rule on the case.

The decision by the Federal Shariat Court was yet another twist in the case of Mukhtar Mai, a 33-year-old woman who was raped after elders in her village ordered the attack as punishment for her brother’s alleged illicit affair with a woman from another family.

“We welcome the decision, and we know our case is strong,” said her lawyer, Ramzan Khalid Joya.

Six men were sentenced to death in August 2003, but earlier this month the sentences of five of them were overturned. A sixth man had his death sentence reduced to life in prison.

That decision produced a firestorm of criticism from human rights groups both in Pakistan and around the world. Mai, who has won praise for her bravery in coming forward to denounce the attack, wept as the ruling was read out.

Thousands of Pakistani women rallied in Multan earlier this week demanding justice and protection for Mai, who said she fears the men would seek revenge if released.

The Canadian High Commissioner this week visited Mai in Meerwala, a village 350 miles south-west of the capital, Islamabad, to pledge money for a school she runs.

In its decision today, the Federal Shariat Court ruled on technical grounds that the Multan tribunal had no powers to hear the case. It said it alone had the power to rule on appeals in rape cases.

The court did not indicate when it would hear the appeal. All six men remain in jail.

Babar Awan, a senior advocate in Islamabad, said the ruling effectively annuls the Multan court’s decision.

“The appellants went to the wrong forum to make the appeal against their convictions,” he said.

Mai denies that her 13-year-old brother ever had illicit relations with the woman, and says the village council’s decision to order her rape was made to cover up a sexual assault on the boy by men from Mastoi clan, which enjoys local power.