Sentenced cricketers cannot be tried in Pakistan's courts: lawyers

The legal fraternity on Saturday opined that recently sentenced three Pakistani cricketers in United Kingdom could not be tried in homeland's courts in the same offence; however, they have other options, eg, to file bail application, appeal against the verdict or pray for the Queen of England's clemency to get their sentences commuted or they be pardoned.
Pakistani cricketers, Salman Butt, Mohammad Asif and Muhammad Amir were handed down sentences at the Southwark Crown Court in London recently. They were convicted of conspiring with a bookmaker's agent Mazhar Majeed to bowl-no-ball deliberately at a certain time during fourth test match at Lord's Cricket Ground, London last year.
Salman Butt has been jailed for two-and-a-half years as the judge holds him responsible for 'corrupting a teenager Amir' while Muhammad Asif has been handed one-year sentence and Amir will be detained for six months at the Young Offenders Institution UK.
While talking about the possibilities of getting remedies in the case, international lawyer Ahmer Bilal Soofi told the Business Recorder that one option under the UK Constitution is that the competent authority can reduce the sentence. He asserted that the convicted cricketers could be transferred to Pakistan to complete their sentence under the arrangements of transfer of offender's legal framework, adding that in any case they have the statuary remedy of appeal which they must pursue.
Under the provisions of Private International Law, Soofi said it is difficult to prosecute any person for the same offence in two different jurisdictions. While replying to a question he said if the prosecution of the incident had commenced in Pakistan then in likelihood Crown Prosecution Service would have exercised restrain in prosecuting them in UK.
Former Additional Secretary Supreme Court Bar Association (SCBA) M.Saliheen Moghal who spent a plenty of time in UK said that the offences took place in the UK and the offenders were rightly assuming the jurisdiction should be the same. He further said that the principle of Double Jeopardy will come into play and they will not be tried in the offence in Pakistan, however, if anything else related to this episode, either prior to the offences or any transaction of criminal nature, took place apart from those being the subject of trial in UK, can be looked into by the concerned authorities in Pakistan.
While elaborating the possibilities of pardon or commutation of punishment, Moghal stated that head of the state normally enjoyed the powers to reprieve the offender or commute any sentence and pardon altogether in the common law system.
For the reason, the prosecution is taken in the name of the State in Pakistan and other Republics, and in UK it is in the name of the Queen, being Head of the State, everything is done in the name of Her Majesty the Queen by the State functionaries.
The power to reprieve or pardon an offender by the Queen is exercised by the concerned State functionary, being the home secretary/justice secretary of UK. He further highlighted that under the immigration laws of the UK, if another country's citizen is found guilty of an offence in UK, it means that he or she has offended the society then the judges are empowered under the provision of Immigration Act 1973 to recommend deportation of the convict and then it is for the home secretary to act upon the recommendations.
"I personally feel that this conviction will serve as deterrent although sportsmen who in their desire to make a quick buck ruin not only their own careers but also disappointed their fans all around the world and brought disrepute to Pakistan". Moghal remarked.
Barrister Saad Mumtaz Hashmi said Pakistan and UK have signed a number of bilateral treaties under which the present incident of sentenced cricketers could be tackled and they could be brought back to their homeland for further trial.
He made a point that the other legal remedy for the jailed cricketers is available through which they can apply for bail in UK and after depositing the security they could be released on bail but they would have to stay in UK as per terms of the bail. They can appeal to the Royal Court of Justice in UK, however, that depends on advice of their lawyer based on evidence available. Since going to appeal shall incur substantial legal cost, Hashmi concluded.