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Final Paper - Questions
Final Paper - Questions
Final Examination
Answer all of the five (5) questions below. Each question carries ten (10) marks. Please give your
answers underneath each question (if submitting digitally).
1. In Asma Jilani v. Govt. of the Punjab, it was held that the rule of stare decisis would not
apply. Was the same reasoning applied to Nusrat Bhutto v. Chief of Army Staff five years later?
Why (or why not)?
2. “The appellant had also maintained that Mr. Salmaan Taseer used to indulge in different kinds
of immoral activities…[clearly showing] that it was not just the alleged commission of blasphemy by
Mr. Salmaan Taseer which prompted the appellant to kill him but there was some element of personal
hatred for Mr. Salmaan Taseer which too had played some part in propelling the appellant into action
against him. Such mixture of personal hatred with the asserted religious motivation had surely diluted,
if not polluted, the acclaimed purity of the appellant’s purpose. …For all the reasons detailed above, no
occasion has been found by us for reducing the appellant’s sentence from death to imprisonment for
life for the offences of terrorism and murder committed by him.
Did the Supreme Court’s reasoning in Malik Mumtaz Qadri v. The State (cited above) match its
reasoning in Ghulam Hussain v. The State? Why (or why not), and to what extent?
3. Define mens rea and actus reus and illustrate your definition with specific cases.
4. What were the principal points of divergence between the majority and dissenting
opinions in Qazalbash Waqf v. Chief Land Commissioner?