Case against MPA Abid Raza: No compromise in terror cases, LHC rules

Court says anti-terrorism law does not permit reconciliation among parties

LAHORE: Reconciliation among the parties in cases booked under the anti-terrorism law is not allowed, the Lahore High Court ruled on Thursday.

A division bench headed by Justice Abdul Sami Khan decided on the legal point that surfaced during the hearing of on appeal filed by the Punjab prosecution department, challenging the acquittal of PML-N lawmaker Abid Raza in a murder case of six people, including two police constables.

The LHC had sought arguments from the prosecution department on a point whether a suspect charged under the Anti-Terrorism Act (ATA), 1997 could be acquitted following reconciliation with the complainant.

On Thursday, the counsel of the accused argued their clients were awarded death sentence under Section 7 of the ATA despite the section not applying to the scene where the crime took place.

They contended that both parties had reached a compromise between them and, therefore, the appeals should be accepted.

A prosecutor opposed their arguments, saying the prosecution did not file an appeal against the reconciliation when it happened for the first time in 2003. This meant the prosecution had accepted the decision.

If the LHC wanted to implement the amended law of terrorism, then it would be appropriate the matter be sent to the trial court again for a re-trial, the prosecutor contended.

After hearing both the sides, the court observed the ATA did not permit reconciliation among the parties and the matter should be decided on merit.

At this, the counsel of the accused said that it was the matter of life and death of four people and, therefore, there should be no hurry in deciding the matter. The lawyers pleaded the court for some time to prepare the case.

The court accepted their plea and adjourned further hearing until December 13.

Case background

An anti-terrorism court of Gujranwala had awarded death sentence to MPA Abid and six others in 2001 for killing two police constables and four more people. He was acquitted later
following reconciliation with the families of the victims.

Abid was elected to the assembly from NA-207, Gujranwala in 2013 elections on the ticket of the ruling PML-N.

The Supreme Court had taken suo motu notice of his acquittal during an election-related case on Abid’s eligibility and revoked the acquittal of the suspects.

The apex court had referred the matter to the high court with the direction to decide the issue of acquittal afresh.

The prosecution in its appeal argues that offenses under the ATA are non-compoundable and the suspect cannot secure his acquittal on the basis of reconciliation. The Supreme Court has also endorsed this view in a number of previous judgments.

Published in The Express Tribune, November 25^th, 2016.