Law secretary to replace public prosecutor in Shahzeb Khan case

The 20-year-old’s mother had gone to court, claiming the prosecutor was likely to be biased.

KARACHI: The Sindh High Court (SHC) has ordered the law secretary to replace Muzaffar Solangi, the newly appointment special public prosecutor for the Shahzeb Khan murder case.

During the hearing of a petition filed by Shahzeb’s mother, Ambreen, Justice Maqbool Baqar said on Monday that the prosecutor can no longer be changed without the approval of the high court.

Ambreen had taken the law secretary and prosecutor general to court following the provincial government’s move last Friday to replace the public prosecutor, Shahid Arain, with Solangi in the Anti-Terrorism Court (ATC) where the murder trial is being conducted. She claimed that Solangi was likely to be biased, as he belonged to the same village as Shahrukh Jatoi, the prime suspect involved in the murder of her 20-year-old son in the early hours of December 25, 2012.

According to the lawyers of Shahzeb’s family, Jatoi, along with the other suspects, Nawab Siraj Ali Talpur, Nawab Sajjad Ali Talpur and Ghulam Murtaza Lashari, could face a minimum punishment of life imprisonment or even death if they are convicted.

During the hearing, Ambreen’s lawyer, Faisal Siddiqui, said, “The trial court has so far examined nine out of 53 witnesses listed by the prosecution, but none objected to the prosecutor Shahid Arain. Changing the prosecutor at this crucial time, when the evidence is being recorded, amounts to subverting fair trial of the case.”

He claimed that the investigation officer of case, Muhammad Mobin, had also objected to replacement of the prosecutor. “The accused people are behind his replacement,” he quoted the investigator as telling the trial court in his letter.



The lawyer pleaded the court to declare the withdrawal of Arain as illegal and suspend the law secretary’s notification to have him replaced.

On Tuesday, prosecutor general Shahadat Awan told the judges that Solangi is equally competent, independent and honest. He said, however, he has no objections if any other prosecutor is appointed in Solangi’s place.

After hearing the arguments, the judges said, “We would, without prejudice to the respective rights and contention of the parties, direct the law secretary to transfer Muzaffar Solangi from the ATC-III to some other court and thus replace him by another prosecutor during the course of the day, strictly in accordance with the Section 18 of the Anti Terrorism Act 1997.”

ATC adjourns trial proceedings

Meanwhile, the ATC Judge Ghulam Mustafa Memon adjourned hearing of the Shahzeb’s murder trial till March 20 because of the controversy about the replacement of the prosecutor.

There are some reports that the law department has transferred prosecutor Solangi to some other court and appointed assistant prosecutor general Muntazir Mehdi in his place.

Shahrukh Jatoi’s mother has also gone to the high court challenging the special medical board’s decision, which declared him an adult. The hearing will take place on April 5.

Published in The Express Tribune, March 20^th, 2013.