KARACHI: The Sindh High Court on Thursday suspended an order of the anti-terrorism court, Karachi, to transfer proceedings of a kidnapping for ransom and murder case to an ordinary court for trial.
A division bench, comprising Justice Amir Hani Muslim and Justice Nisar Muhammad Sheikh, also issued a notice to the Additional Prosecutor-General, Sindh, for January 18.
Applicant Muhammad Sharif moved the criminal revision application, submitting that the respondent/accused Sagheer Ahmed alias Bhaya took his brother-in-law Zeeshan, 24, to Hyderabad on 30 January, 2009. Later, he phoned his family, demanding a ransom of Rs 10 million. Despite asking for ransom, he killed Zeeshan.
The police tracked Sagheer down and found a .30 bore pistol and Zeeshan’s body from an iron box in Landhi No 5. A murder case (FIR 50/2009) under Section 365-A, 302 and 34 of the Pakistan Penal Code and Section 7(a)(e) of the Anti-Terrorism Act 1997 was registered against him at the AVCC police station, Awami Colony. A separate case was also registered against him in the same police station under Section 13-E of the Arms Ordinance 1965.
Counsel Chaudhry Abdul Rasheed stated that ATC-I, Karachi, deciding over an application moved by the accused, ordered the transfer of proceedings to the District & Sessions Judge (East) on November 23, 2010. He stated that the trial court failed to appreciate laws and the evidence brought on record and hence, passed an illegal order.
He contended that the anti-terrorism court had the jurisdiction to try and decide a case as the offence committee by the accused comes under the ambit of the Anti-Terrorism Act and prayed the court to set aside the impugned order of ATC-I, Karachi.
After hearing the arguments, the division bench ordered: “Notice to respondents and Additional Prosecutor-General for January 18, 2011. Impugned order is suspended.”
Published in The Express Tribune, January 7th, 2011.
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