“Asifa was minor”, the gang rape murder was cruel than Nirbhaya gang rape murder says Adv. Mubeen Farooqi

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After a very tough and complex legal battle that lasted for a year, the verdict in Asifa gang rape murder case is out. Advocate Mubeen Farooqi was the one who appeared on behalf of the complainant at Pathankot court from beginning to end when the case faced a ‘standstill’ as Advocate Deepika Singh Rajawat were absent at the court for many hearings and the family removed her as their advocate. The family demanded capital punishment for all the accused. But the court didn’t consider this case as the ‘rarest of the rare’ as they appealed. Asifa’s advocate Mubeen Farooqi talks to Keyboard Journal why the family demands capital punishment for the accused.

Eight years old Asifa’s gang rape and murder was cruel than the nirbhaya gang rape and murder, but why the court didn’t consider this case as the rarest of the rare? asks Asifa’s family’s lawyer Mubeen Farooqi.

This judgment didn’t serve the victim’s family as much as they demanded. There are other rape cases where the accused are sentenced with death penalty. How do you look at this juncture?

We are very disappointed that they have refused to treat this case as rarest of rare case. But I don’t know…there is no reason known why the session judge didn’t serve the victim’s family’s demand. The cruelty of the incident measures whether it is rarest of the rare. I think this case is cruel than the Nirbhaya case in Delhi, because here the girl was minor. So we were demanding the court to consider this case as the rarest of the rare, there are lot of things that we can’t discuss now. As per the direction of Supreme Court we have to approach Punjab and Haryana High court.

From the beginning of the case I am appearing in Pathankot court for the victim’s family. I was appearing for Mohammed Yousuf who was the complainant, adopted father of Asifa. She was adopted when she was six months old. He is the complainant. I am appearing for him from the very first day since the Supreme court transferred the case from the Jammu court to Pathankot. We are not satisfied with the judgment. We are going to file an appeal at the Punjab and Haryana high court against this order to challenge the acquittal of one accused Vishal Jangotra, for the enhancement of punishment for three police men, and for capital punishment for all.

The conduct of the court was very good. Everyone was very cooperative. On the judgment day the session judge thanked everyone. In the initial stage it was very difficult fight when Mr.Talib Hussain who raised the issue and after that Adv Deepika Rajawat helped in the case. The major role played in the case was that of the brave lady Adv Indira Jaisingh. She filed a transfer application at the honorable Supreme Court. She helped a lot. Indira Jaisingh, Sangeeta Madan, etc are social activists and good lawyers in Supreme Court. At Pathankot all the team of crime branch also done a very good job.

Did you face any difficulty at personal level during this one year period ? 

I had faced minor difficulties, but i don’t want to discuss it now.

Adv. Mubeen Farooqi works at Punjab and Haryana High Court. He is from Punjab’s Malerkotla. When the Muslim Youth League came forward with legal help for the victim they approached Adv. Mubeen Farooqi who is also the state president of Muslim Federation of Punjab.


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