Suleiman Lashari case must be transferred from ATC: lawyer

Lawyer had approached the SHC against an order passed by the ATC.

KARACHI:

The Sindh High Court (SHC) on Monday issued notices to the provincial home secretary and the prosecutor general on a petition filed by Salman Abro to transfer the murder trial against him from the anti-terrorism court (ATC) to the district and sessions court.

Salman Abro along with five guards of his father, the SSP at the Sakrand Police Training Centre, has been booked for allegedly shooting to death his classmate, Suleiman Lashari, and injuring his private guard at his house in Defence Housing Authority on May 8.



On Monday, he had approached the SHC against an order passed by the ATC, which had dismissed his plea for the transfer of the trial to the district and sessions court.

His lawyer, Farooq H Naik, said that the medical board, which was constituted on the court's order, had examined the age of the accused and issued a report, confirming that Abro was between 17 and 18 years old. In light of the board's report, the court ordered his transfer to Youthful Offenders' School from the adults' prison, he added.

Thereafter, the lawyer said, the applicant requested the anti-terrorism court to transfer the trial proceedings to the district and sessions court (South), which was dismissed on July 26. Naik argued that special ATC cannot proceed with the case because it does not fall within its jurisdiction, following the declaration that the suspect is a juvenile. He pleaded the court declare the ATC orders as illegal and order the transfer of the trial to a district and sessions court.

After hearing the initial arguments, Justice Ahmed Ali M Sheikh, who headed the bench, issued notices to the home secretary and Sindh prosecutor-general to file comments on the petition.

Published in The Express Tribune, September 23^rd, 2014.