Shahzeb Khan murder case: ATC dismisses suspects’ plea to transfer proceedings

Published: March 6, 2013

File photo of Shahrukh Jatoi. PHOTO: PPI

KARACHI: The anti-terrorism court (ATC) dismissed the application seeking transfer of Shahzeb Khan’s murder case against four suspects to sessions court on Tuesday.

“The impact of the act of the accused persons on general public is of vital importance – not the intentions of the accused,” noted Judge Ghulam Mustafa Memon, while announcing the order which was reserved on February 28 after hearing arguments from the defence, prosecution and complainant.

Four suspects – Shahrukh Jatoi, his friends Nawaz Siraj Talpur and Nawab Sajjad Talpur, and their servant Ghulam Murtaza Lashari – are facing the charges of murdering Shahzeb Khan, son of a police officer, in Defence on December 25, 2012.

In its final charge-sheet, the police listed the four for murdering the ‘unarmed’ youth.

The defence lawyer objected to the jurisdiction of the anti-terrorism court, claiming that the alleged offence does not fall within the ambit of the Anti-Terrorism Act 1997.

Shaukat Zubedi, lawyer defending the main suspect Shahrukh Jatoi, argued that the FIR of the murder case registered on Dec 25, 2012 is silent in respect of element of terrorism in commission of crime. He went on to state that the complainant had not pointed out the motive behind the incident which subsequently resulted in Shahzeb’s murder. He claimed that the incident was neither pre-planned nor did it terrorise the society.

Complainant’s arguments

Faisal Siddiqui, the lawyer representing the complainant DSP Aurangzeb Khan, vigorously opposed the contention of the defense lawyer. “The sense of terrorism and insecurity is created by the act of accused,” he argued. He emphasised that the accused Gulam Murtaza Lashari, an employee of the perpetrator Siraj Talpur, had outraged Shahzeb’s sister and Aurangzeb.

The judge observed that it was very much clear that a sense of fear was created by the act of the accused. “The cumulative effect of my above discussion is that instant crime has nexus with section 6 of Anti-Terrorism Act 1997.”

The judge further noted that the offence had been committed with the objective to terrorise the section of the public and such act had explicitly created sense of fear in the society, therefore “this court is competent to try the accused of the said crime.”

The court will initiate trial from March 07.

Published in The Express Tribune, March 5th, 2013.

Reader Comments (9)

  • Justice
    Mar 6, 2013 - 2:06AM

    Trust in court prevails..inshAllah justice will be served..thankyou honourable judges and the youth that stood up..if the youth had stepped back the case would not have stayed in the ATC and the criminal would have escaped..our goal is in sight lets not back out now. Special thanks to tribune which has been the only medium which is following the case through out just like how Shahzeb Khanzada had promised. Justice will be served one way or the other.

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  • Maria
    Mar 6, 2013 - 5:45AM

    It seems as though justice is being served thanks to the role played by an active Chief Justice.

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  • Nahin Batao Ga
    Mar 6, 2013 - 7:01AM

    He looks so fresh even in jail.

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  • Alfa
    Mar 6, 2013 - 8:47AM

    The ATC is being influenced by the CJ. Cannot expect a fair trial in this case.

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  • Javed
    Mar 6, 2013 - 9:29AM

    But my question is – as far as I remember the Chief Justice last time ordered the ATC to dispose of/complete the case within 7 days. This is what as a common man I remember. Has 7 days not passed so far.? It is a very pertinent and meaningful question please.

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  • Justice
    Mar 6, 2013 - 10:29AM

    @Javed: 7 days from the start of trial. Up till now it was being decided in which court would the trial be held, since that has been finalized now the trial will start from the 7th of march and the verdict should be announced in 7 days from then. I hope your question has been answered.

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  • Mar 6, 2013 - 10:30AM

    As long as the Chief Justice is observant and fearless, he will keep his hand on the pulse of the law enforcers and the lawless. Inshallah, justice will be served and the guilty will be punished.

    Pray that the remaining judges learn from the learned and intrepid Chief Justice of the Supreme Court of Pakistan. Ameen. Salams

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  • Justice
    Mar 6, 2013 - 10:39AM

    @Alfa: all of us who want free and fair justice are actually hoping the atc is influenced by the CJ rather than shahrrukh jatoi, the suspects father!

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  • Parvez
    Mar 6, 2013 - 2:14PM

    Well done…………but it is vital that justice be done and punishment be given, QUICKLY.

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