ISLAMABAD: Experts have set aside the setting up of a murder case on the management of the Bahria Town or organisers of the car race that resulted into an accident.
Two former law ministers of the country have expressed their surprise over application of Section 302 over a traffic accident. Referring to the accidental ramming of a car over the spectators because of a driver’s mistake, they said applying Section 302 over accidental death is beyond imagination.
Talking to this correspondent from Karachi, the noted jurist and constitutional expert Khalid Anwar said Section 302 is based on deliberate commitment of murder. He explained the two aspects of crime, the ‘Guilty Mind’ and ‘Guilty Act’ meaning thereby one had intention to kill someone and subsequently he kills.
Khalid Anwar referred to the term ‘MENS-REA’ available in the established local and international law books. That means ‘Guilty Mind’ is the necessary pre-requisite to apply Section 302. He said the driver, Bahria Town management and car race organisers obviously did not had any intention to kill some spectators.
Police under no circumstances can apply Section 302 with regard to Bahria Town car race accident unless it could be proved that the driver or management had the intention to kill specific persons, Khalid Anwar said.
There is no precedence in the history of the country to apply Section 302 in case of car accident, he concluded. Prominent lawyer S M Zafar said that the suo moto notice of the Supreme Court in connection with the car race is as to under which rule and regulation such races have to be held and the government had perhaps so far not decided it.
However, he said investigations with regard to the Bahria Town car race accident are underway and obviously the matter shall be disposed of in accordance with the law.
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