CASE STUDY ARTICLE

Class : B.S English

Section : 3-C (Morning)
Group members : Junaid Ahmed Khattak
Hadia Komal
M Saad Ul Haque
Submitted to : Miss Sana Zafar

VIOLATION OF HUMAN RIGHTS IN MAJEED KHAN ACHAKZAI’S CASE

ABSTRACT
There can be no peace without order and no order without justice. One of the
famous maxims Justice delayed is justice denied is full of wisdom and moral
lessons for the entire world. Pakistan is one of those countries where we still get to
see this maxim with its utmost examples each and every day. A strong and
powerful judicial systems is one of the driving forces towards maintain law and
order situation as well as it enhances the development of a country. The hit and
run case in Baluchistan is a practical example of lack of credibility, authority and
a strong elite and political influence over the entire tenants of the judiciary system
of Pakistan. Sitting MPA runs over a traffic warden. Despite the fact that there
were clear evidences to prove him guilty but the judiciary proving the MPA
innocent and setting him free of all the charges shows the level of authority and
power the elite class of our society possesses that they can turn the verdicts of
any case they want in any direction. This highlights increasing menance of class
discrimination and looking down upon the middle and lower middle class by the
proletariats. Despite having considerable proofs against the MPA. Instead of
sentencing him a legal penalty he being set free of all the charges is tantamount
to the famous proverb “might is right” and against the proverb “Pen is mightier
than sword” because in this case sword surely dominated .Sadly,The family of
the poor warden awaits for the day of judgement to get justice. The case not only
enlightens us with the flaws lying in our system but also reflects the violation to
the human rights to which every citizen of the world is entitled. Today’s Pakistan
is surely not the Pakistan which our forefathers had dreamt of. The government’s
weak stance towards this case and turning a deaf ear towards the affected family is
heart wrecking and an eye opener for the entire world .All this episode inculcates
that even if one is right still the political influx, strong nexus of authoritative
personnels , their power and pressure don’t let justice prevail but their dominance
is what encircles us and to which every legislative body bows down. This case is
just one of many kinds that happen every day and unfortunately the outcome is
same where the powerful dominate, fly away from justice and enjoys so called
“freedom” while the affectees crumble to live with their hands to mouth waiting
for any angel to come and fulfil their daily requirements because their only bread
earner is killed on duty while trying hard to make both ends meet.
KEYWORDS
Justice denied; hit and run case study; objectives; human rights violation;
government’s stance; unfair and unjust trial
INTRODUCTION:
The history of mankind ensures the importance and seriousness of human rights
where the notion of justice more values freedom and respect had always been
significant for a successful nation. Human rights are the moral principles of a
person belonging to him from his birth till his death , irrespective of his color
region , race , religion , cast , status , age or any other entity
United Nations declared Universal Declaration Of Human Rights On December
10 1948 which consists of 340 basic rights ranging from the freedom to the
equality of humans. All humans are meant to be treated equally analogously and
the rights cannot be taken away, despite of unique situations for instance if a
person commits a murder or any other crime his freedom is to be questioned
Objectives:
There are several main objectives which will be prime focus of the researchers
throughout the study and relation with formulation of the research question
mentioned in the study. The objectives of the study are
 To demonstrate the detailed discussion of the case study of Majeed Khan
Achakzai for being acquitted in a Hit and Run case
 To describe the rights being violated in the case ( article 2,3,6and7)
 To gather the evidences , to prove Majeed Khan Achakzai as a guilty
 To explore the injustice faced by the victim’s family due to the influence of
power
Significance
This study will be very useful in fabricating a deep insight of the case of
Majeed Khan Achakzai and will assist the reader to have a better understanding
of the discussed perspective of which public is not made aware of. Furthermore
the researchers expect that the study will be highlighting major crimes and
violation of human rights, followed by injustice that prevail in a society and is
being neglected due to unawareness among people. It will be useful in
exploring further about such cases where the implementation of law is hardly
seen and the victims are deprived of their rights, unable to raise their voices
against the party in the power. Moreover, the better understanding of this
research paper will motivate and encourage the reader to explore more about
the mentioned perspective of case to broaden the critical thinking of mind.

BACKGROUND TO REASEARCH
The quantitative research done poses a question on the readers which is the
research question of my research paper. Despite of violating UNDHR rules did the
suspect Mr. Majeed khan Achakzai get the penalty like a normal murderer and was
he discriminated on the base of political influx and use of power?.
 In this case study it is examined that the suspect was discriminated on the basis of
political influx by the judiciary system. Despite being a violator of human rights
laws he was not put forth to actual justice which resulted in injustice with Sargent
haji Attaullah khan and his family. The decision provoked the existence of class
conflict, feudalism and power effected judiciary in Pakistan.
The misconception was brought up by the police as they firstly registered the case
of an accident against unidentified persons , however cctv footage of the incident
went viral on social media , Baluchistan police decided to lodge a case against
Majeed khan Achakzai and the the judiciary put into the minds of audience that the
evidence provided was not enough. Whereas it was clearly visible through the
CCTV footage that the car was of the suspect and he was in there when the
incident took place and police department preceded the case after full
investigations against the suspect but the court claimed the lack of evidence
DETERMINING THE CASE
CASE REPORT
According to Moazam(2019|) The Incident took place On june 2017 THE
FORMER MPA of parliament Majeed khan Achakzai was arrested days after as
his vehicle hit and ran over traffic warden Haji Attaullah at Quetta's GPO Chowk
in June 2017. The warden suffered serious injuries and later died at a hospital.
Initially, police registered a case of accident against unidentified persons. But after
the CCTV footage of the accident went viral on social media and was repeatedly
shown by TV channels, Baluchistan police decided to lodge a murder case against
the former MPA, who belongs to Pakhtunkhwa Milli Awami Party (PkMAP). But
later on he was granted bail by (ATS ).He was granted bail by anti-terrorism squad
and was left free after 6 months while the CCTV image clearly revealed that he
was the abductor later on after three years the court left him free and removed all
charges of terrorism , murder on him as the court said that the evidence provided is
not enough . Though in the video it was clearly seen that how the car ran over the
traffic Sargent and the court didn’t accepted that. This biased decision lead to
social media outrage and many people dispraised the decision. But the justice
wasn’t prevailed and the culprit is free.

ANALYZING THE CASE

This case violates the article 2, 3, 6 and 7 of UNDHR.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, color, sex, language,
religion, political or other opinion, national or social origin, property, birth or
other status.
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a
person belongs, whether it be independent, trust, non-self-governing or under
any other limitation of sovereignty.
Explanation
Now the first point of the article explains that no distinctions should be made upon
any status and due to the difference of political status the decision the court was
seem to be biased. It supported the one having greater political influx than the
other one. So this is how human rights of the Sargent were violated by the state or
states judiciary. The sole purpose of judiciary which was providence of justice that
failed and inspite of victim being a government worker his family suffered a lot.
The court decision was a decision based upon discrimination of class, the elite one
despite being the criminal was saved while the proletariat despite being innocent
was murdered with his justice.
Article 3
Everyone has the right to life, liberty and the security of person.
Explanation
He had a right to his security as he was a citizen of Pakistan and being a part of
department which is responsible for public safety police (Public Officer for Legal
Investigations and Criminal Emergencies) he was having a right to his security
which was abducted by a person so legally and lawfully that person( MPA) Majeed
khan Achakzai should have been put into jail for at least 30 years but he was firstly
given a bail and then was set free by the court on the lack of evidence . We can
also relate it with the family of deceased that they weren’t provided with their
fundamental right of justice. According to Ali(2017) The cctv footage of his car
while he was driving was given by department of police as a proof but the court
denied that this was also abduction of UNDHR article no 3
Article : 6
Everyone has the right to recognition everywhere as a person before the law.
Explanation
According to this article both the criminal and the victim’s family should have
been equally as a person ,treated and recognized by the court but here the court
unlawfully preferred the one with high political status . The criminal shifted the
case toward himself by using the power and status which depicts the biasedness of
the justice system. Here the justice system is also equally held responsible in the
injustice that was done to the victim’s family because in every country the role of
judiciary is to provide justice and if it fails it is held accountable. The level
prejudice, favoritism, partiality and unfairness depicts the approach of the court
which wasn’t to provide justice to victim but was to save the criminal from being
penalized
Article 7
All are equal before the law and are entitled without any discrimination to
equal protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to
such discrimination.
Explanation
Basically violation of this article is the major violations among all violations. All
men are equal in front of law without any discrimination. If a random person kills
another person he gets a 30 year imprisonment depending upon type of crime he
committed but in this case a discrimination was observed for the MNA .Majeed
khan Achakzai by the judiciary system despite of having necessary proves they set
him free. He was not equally treated like the other criminals are treated due his
political status this can be related with VIOLATION OF HUMAN RIGHTS.

DATA COLLECTION
Majeed khan Achakzai¸s Interview
According Shah( 2020) Achakzai being interviewed by different channels
Accepted the crime and expressed his desire to settle the dispute with the family of
victim . The video of interview was there when the court trials were proceeding
but once he came out of the jail the video was removed.

Viral footages and videos

According to Batool(2020)in addition to the video of accident there was another
video which went viral on social media in which the criminal was seen drunk while
driving the car during the hit and run case but later on the video was removed from
the internet
The data is collected from various sites that involve the news articles , from dawn
news etc. . The direct evidence is his face off with journalists in which he was seen
abusing the police officers and counter questioning on his CCTV footage
e Cop run over; MPA Majeed Achakzai arrested - YouTube
The CCTV incident video of the criminal is also available in which his car was
clearly seen running over the traffic sergeant
https://www.youtube.com/watch?app=desktop&v=rojbQ-W7
Majeed Khan Achakzai acquitted in traffic sergeant murder case for lack of
evidence - YouTube
Controversial statements
The criminal seemed to change his statements as in the start he said that he was not
driving the car and even was not present in the car when the accident took place
but cctv footage proved that he was driving so he changed his statement, he
accepted the crime and said that he want to solve the dispute with the family. But
after that the video of his acceptance was removed and court made him free of all
the charges
FURTHER RESEARCH
Many such cases happen in our society which depicts how human rights are
abducted in Pakistan and how the elite’s uses there power to get away from justice.
Whereas court system seems to favor the one with political, military, economic
influence for example. A few months ago son of the women rights activist and a
parliamentarian kashmala tariq broke the traffic signal and killed three man who
were in a taxi. He was bailed out on the first spot and then no court trials were
presumed. Whereas the victim’s family wasn’t provided with justice. Then in
Islamabad a US embassy member killed a motorcyclist and no court trials
presumed against him. And he vast sent back to US whereas the victim family
pleaded for justice. Many such incidents take place on daily basis where the elites
the one with power are protected by law no matter what their crime is . This leads
to class conflict and which results of people disbelieving the law system. These
incidents always prove to be inhumane where one person is not only violating
human rights laws but violating the own laws of the country and using power he
shifts everything on his side . According to Ali(2015) Pakistan is a country where
political participation and power is shared between the rich and poor most
importantly where wealth is not concentrated in the hands of a handful. This results
in the dominance of the elites resulting in a patriarchal situation for proletariats
where their civic, social, cultural, religious, political and economic rights are
abducted. The country which is meant to establish the fundamental tenants of Islam
among which equity and justice are one the most important, fails to provide justice
due to power effected, politically influenced and biased judiciary system. This is
one of the main reason we are lacking in the competition with other nations around
the world.
STEPS THAT SHOULD HAVE BEEN TAKEN
1) when the criminal was caught he should have been removed from all types
of politics ,political affairs and his trials should have been continued as
normal citizen of Pakistan and after proving guilty he should have been
permanently banned from politics
2) Then despite of being carrying out a biased trials , the court should have
persecuted in lawful manner despite of any political influence or
 discrimination the judiciary should have considered both victim and the
criminal equal in front of law
3) The victim was a traffic police Sargent , his family should have been
provided with a government lawyer to follow the process of persecution
against the criminal
4) Being in politics and being a member of parliament the court should have
given the criminal a exemplary punishment so that member of parliament
should have become aware , that they are public servants they cant harm
public and they cant also use their political powers for saving them from
crimes
5) The family of the Sargent should have been medically , educationally and
economically assisted as the bread earner of their family lost his life saving
his country

SUGGESTION
1) Implementation of law and order is the most important function and purpose of
judiciary. A society cannot excel unless and until providence of justice is
present their from grass root to upper highest level of society. Government
should take necessary steps to make implementation of law and order possible .
Once law and order are well implemented we will see the number of violation
of human rights cases in Pakistan will be reduced to a very minimal number
because people will come to know that no mater what one will be punished for
his crime

2) Media industry should play their active role in spreading awareness against
violation of human rights. Seminars , conferences should take place to make
people aware that how importance is to protect other rights as human beings

3) Government should take legal actions against all those corrupt politicians who
use their feudalistic powers to suppress and pressurize the party against them in
the court . All such judges should be removed and punished who make
decisions considering the political class and power of their suspects. All people
who do such filthy things and belong to government should be punished

CONCLUSION
After the research work and findings it can be concluded that the human rights ,
which hold a significant place for the success of any country , are not followed in
Pakistan due to irresponsibility of government , the weak response of party under
pressure and failure of implementation of law leading , to violation of human rights
and failure in implementing the law
Like Attaullah khans family, there are thousands of families that are suffering in
Pakistan : A country which actually came into being on the basis of ideology based
on Islamic values. Islam teaches us humanity which is above all the faiths
concepts and values .Justice , one of the major elements, had been taught by the
beloved Prophet Hazrat Muhammad (‫)ﷺ‬. However,
unfortunately , the misuse and the negative influence of power has destroyed the
true essence of the country and has brought it to nothing else , but chaos . Judiciary
system in any country plays a vital role in implementation of laws and strictness
against these laws to be followed. The judiciary system of Pakistan needs to be
improved and enhanced to serve best for the sake of prosperity Pakistan .
REFERENCES:
1) Ebrahim, Z. T., & Ali, H. (2015, May 14). 50 shades of inequality in Pakistan.
DAWN.COM. https://www.dawn.com/news/1178703

2) Shah, S. A. (2020, September 4). Former MPA Majeed Achakzai acquitted in Quetta traffic
warden hit-and-run case. DAWN.COM. https://www.dawn.com/news/1577912

3) Batool, Z. (2020, September 7). Pakistanis Angry After Court Acquits Ex-MPA In Quetta
Traffic Warden Hit-And-Run Case. Parhlo. https://www.parhlo.com/majeed-achakzai-
acquitted/
4) Desk, W. (2020, September 8). Hit-and-run case: Cop’s family refutes compromise with
ex-MPA Achakzai. ARY NEWS. https://arynews.tv/en/traffic-police-cop-killing-majeed-
khan-achakzai/

5) Tribune. (2020, September 9). ‘Prosecution failed’ to prove Achakzai guilty. The Express
Tribune. https://tribune.com.pk/story/2263176/prosecution-failed-to-prove-achakzai-guilty

6) Desk, W. (2017, June 24). MPA Majeed Achakzai arrested in hit-and run-case from Quetta.
The Nation. https://nation.com.pk/24-Jun-2017/mpa-majeed-achakzai-arrested-in-hit-and-
run-case-from-quetta
7) News Desk. (2020, September 5). Outrage As Ex-Balochistan MPA Accused Of Running
Over, Killing Traffic Warden Acquitted By Court. Naya Daur.
https://nayadaur.tv/2020/09/outrage-as-ex-balochistan-mpa-accused-of-running-over-
killing-traffic-warden-acquitted-by-court/

8) N. (2020, September 4). Traffic sergeant murder case: Majeed Achakzai acquitted.
Brecorder. https://www.brecorder.com/news/40016657/traffic-sergeant-murder-case-
majeed-achakzai-acquitted

Video References

9) N. (2020, September 4). Traffic sergeant murder case: Majeed Achakzai

acquitted. Brecorder. https://www.brecorder.com/news/40016657/traffic-
sergeant-murder-case-majeed-achakzai-acquitted

10) BOL News. (2020, September 8). Asad Kharal Exclusive talk on Release of
Majeed Achakzai | Ab Pata Chala [Video]. YouTube.
https://www.youtube.com/watch?v=rojbQ-W7d8w