The fourth and last appeal in the Sarfraz Shah case was filed by Rangers jawan Shah Zafar, who was the only man out of seven, to be given the death penalty for killing the 19-year-old.
Zafar’s lawyer Shaukat Hayat filed the appeal on Thursday, challenging the power of the terrorism court to try the case instead of an ordinary one, like, say a sessions court. He argued that the evidence and statements made during the trial by “mohallah” or neighbourhood people were “manufactured evidence”. They had submitted that they had been “terrorised” by the incident. But, Hayat argues, they made these statements only after the Supreme Court had already declared the case a prima facie one of an act of terrorism.
This declaration came on June 10 in the SC’s suo motu proceedings. The entire evidence regarding the element of “terrorism” was concoted to make the case triable under the Anti-Terrorism Act, the appeal said.
Hayat described the charges framed by the ATC or trial court as “defective” and thus the conviction and sentencing under the charge sheet was illegal.
According to the defence, the ingredients of terrorism as defined in sections 6 and 7 of the ATA were missing. No common intention or planning for homicide or terrorism was proved by the evidence laid by the prosecution at trial, the appellant maintained.
The appeal also lays emphasis on Shahid Zafar’s “conduct”, who, with the other Rangers men, took the injured Sarfraz Shah to hospital. No terrorist takes the victim of his act of terrorism to a hospital and manages the treatment, the lawyer argued.
The Rangers acted lawfully while on duty, the defence maintained. They went to the park after receiving information that the public had caught a robber who needed protection against them.
The video was also managed and thus unreliable, stated the appeal, requesting the court to set aside the conviction and sentence and order a new trial before an ordinary court.
All four appeals were filed within the mandatory period of seven days and are likely to be heard next week.
Published in The Express Tribune, August 19th, 2011.
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@Omair Shakil: Omar Shakil, i wait for the day when one of your family member is robbed on gun point and killed after by a robber, (God forbid, hope it never happens but just giving you a scenario.. ) and then if that robber is caught what would you do when rangers who caught him got direct order from the government to shoot any robber you see. ????? No where in the world there is a law that allows public to grab the weapon of law enforcement agency. This guy literally grabbed the weapon, he could have just stayed quiet and laid there if he was so innocent but no he kept grabbing the weapon and i say he was doing to attack the ranger, you may see it some other way but if you touch a weapon of police it means you are a criminal.
@thundapni, lahorimunda and patriot: I await the day when you all demand a fair tril to prove your innocence and are instead meted out the same punishment you are recommending for the victim of this extra-judicial killing.
He should have been shot. End. Given the state of lawlessness, I would say, let the ranger go and let it be an example for our youth that justice can be served on site in land of the pure so they get a grip on reality and engage in productive activities.
hang him and make a lesson for all.
instead of being treated as a hero, this is what pakistan does to people who have the country's best interest at heart. the boy who was killed was tipped off as a robber and also a potential murderer, we all know how pakistan's police works, had he been taken to the police office they would have let him go anyways...and OFCOURSE his family confesses that he was not guilty, no robber would go tell his mom that "mom i have a gun, and m going to rob a person, and if necessary kill him/her" ... the boy was seen in the video saying "sir mei majboor hoon"... WHY WOULD HE SAY THAT IF HE WASNT GUILTY ?... and he is seen in the video reaching out for the ranger's gun..JUSTIFY THAT. had he just put his hands on his head and sat down he would have been alive today.. and for God's sake we all know that the complete video was never made public it was only released later which shows the same man they've sentenced to death he was giving the boy water to drink..they even called for the ambulance and took him to hospital.. and now if they take action against a serving ranger then the whole rangers force will become like our police force which just sits and watches crime take place. yes the video was graphic and dont look at it if you dont have the heart to and look at the truth beyond that..you're about to sentence a patriot to death for God's sake... GROW UP AND OPEN UR EYES PAKISTAN.