Criminal Justice & Deductive Reasoning

Arguments against the bail petition by Police Officers Saud Aziz & Khurram Shahzad are scheduled for September 27, 2017. Bail hearings usually discuss the following points:

1. Are the accused repeat offenders?

No.

2. Are they likely to flee if released?

They haven't for years.

3. Are they a danger to society?

They ensured the protection of society with honor both before & after the event.

4. Were the 2 allegedly posted to Rawalpindi to facilitate assassins in targeting the victim?

Firstly, postings & transfers are carried out after an eligibility process so this argument is inadmissible in a court of law. Secondly, they continued to serve with honor under various administrations for years after the tragedy of December 2007. Thirdly, how can there be facilitation if there is no conspiracy?

5. The security change?

The prime priority of the police is to protect as many innocent citizens as possible at all times. The rules make clear that each member of the force is duty-bound to obey all lawful orders, but to disobey any order that contravenes the rules; therefore, the police are allowed the latitude to adapt in a fluid situation. Was the security change a contravention of police practices?

6. The postmortem?

Pakistan's primary rulebook is Sharia, to which the Constitution is subordinate. Postmortems are viewed as a disrespect, which means that unless the immediate blood relatives expressly demand a postmortem, anything beyond external examination is considered unethical.

7. The washing of the crime scene?

Who legally decides when a crime scene has yielded as much relevant evidence as possible? Doesn't the location of the crime scene play a role in the duration for which it can remain closed?