Safoora Goth attack trial: Two more suspects challenge case transfer

SHC bench clubs similar petitions; to hear plea today

KARACHI: The Sindh High Court (SHC) clubbed together all the petitions challenging transfer of Safoora Goth attack's trial from the anti-terrorism court (ATC) to the newly-established military court.

Headed by Justice Irfan Saadat Khan, the division bench will take up the pleas filed by three suspects on Wednesday (today).

Last week, one of the suspects, Sajid Naeem, had challenged the transfer of trial to the military court.

His lawyer, Khawaja Shamsul Islam, had argued that the trial of his client, which was being conducted by Karachi's ATC-VI, had on December 10 been shifted to the military court established under provisions of the Protection of Pakistan Act (PPA).



He objected to the procedures adopted by the provincial and federal authorities with regard to the transfer of proceedings. "Under Section 17(4) of PPA no case can be transferred to the military court without approval of the relevant trial court," the petitioner's lawyer had argued.

He further said such a transfer was illegal and without lawful authority, as no prior approval had been obtained from the ATC.

It was pleaded to the court to declare the transfer of the Safoora Goth attack trial from the ATC to the military court as illegal.

During Tuesday's proceedings, the bench was informed that two other suspects, Sultan Qamar and Qamar Hussain, had also challenged shifting of the trial to the military court. Both the suspects also argued that the mandatory legal formalities had not been fulfilled by the authorities in this regard.

The petitioners said such a trial would be against the law as well as a violation of the fundamental rights guaranteed by the Constitution and the right to a fair trial. The bench directed the office to tag all the petitions, involving the same question, together and fixed them on Wednesday for a joint hearing.

Published in The Express Tribune, January 20^th, 2016.