The case and the verdict in Mukhtaran Mai is very sad state of affairs of Pakistan. What is even sadder is that the judiciary is being held responsible for the failure to deliver justice. I may not be an expert but it seems people who are holding the judiciary responsible (liberals, Feminists and other judiciary bashers from the current government in Pakistan) keep forgetting that the judge can only pass a judgment on facts and evidence presented to him/her in the court of law. They have to be unbiased and fair but obey the law to the letter and not let their personal feelings come in between what is proved in the court and what others might think of the issue.
The sad aspect is that the case was originally brought up in early 2002, when Musharraf was in power. Courts took up the matter but as it became very visible internationally, the culprits were arrested and incarcerated for some time. Sadly Police didn’t do a good job at investigation, gathering facts or getting confessions, then our system of feudal took over who wouldn’t want their people get punished for whatever reason. I am not an expert here so won’t try to explain more of what happened.
The bottom line is that in a country where Supreme Court can’t enforce its own decisions will not be able to do investigation or enquiry in case. The police failed (most probably corruption to blame here) in their due diligence and presented a weak case, muddied facts and no solid facts. What is a judge got to do? He can’t read the newspapers, watch CNN, see Mukhtaran Mai get awards and decide the guilt of others but he/she can only judge based on what happens in the court room.