Mashal Khan case: PTI's councillor Arif sent on 3-day physical remand

Family asks SC to take notice of verdict suspending punishment of 25 persons convicted in Mashal's murder


PTI's Councillor Arif Khan: Main accused in Mashal Khan murder case PHOTO: EXPRESS

PESHAWAR: A sessions court in Mardan has sent main accused in the Mashal Khan murder case, Pakistan Tehreek-e-Insaf's councillor Arif Khan on a three-day physical remand.

Khan first had to appear before an Anti-Terrorism Court (ATC) Khyber-Pakhtunkhwa (K-P) but due to the absence of the judge, he was transferred to a sessions court amid tight security.

The police requested the court to give them Khan's physical remand. The sessions court ordered a three-day physical remand for the accused.

One awarded death sentence, five life imprisonment in Mashal Khan murder case

The K-P police took him into custody yesterday from Link Road, Mardan.

Family asks SC to take notice of PHC Abbottabad registry’s verdict 

Mashal's father in a press conference on Friday asked the Supreme Court (SC) to take notice of the Peshawar High Court (PHC) Abbottabad registry’s verdict of suspending the punishment of 25 persons convicted in Mashal Khan’s murder case till their appeals are heard.

Mohammad Iqbal said neither his family nor his lawyers were informed about hearing in which all 25 persons who were earlier granted three-year sentence of special Anti-Terrorism Court (ATC) in Abbottabad were suspended.

“It is against the rules and justice system of the country,” he alleged.

“On one side the government claims they will show an enlightened face of the country to the world while on the other side they are releasing the convicts in Mashal’s lynching case.”

Mashal’s family has already filed appeals in the PHC seeking harsher punishments for all the accused and convicts in the case related to the lynching of his son.

Iqbal asked the apex court to take notice of the case and help him get justice. His lawyers including Fazal Khan and Ayaz Khan were also present during the press conference.

Mashal's father also criticised the role of the additional advocate general, as mentioned in the judgment, that he had no objection if the sentences of all convicts is suspended.

Advocate Ayaz Khan, who was also present on the time of press conference, criticised the AAG's role in the hearing where the sentence was suspended.

Mashal’s father also criticised the K-P government’s role in the case saying that speaker Assembly Asad Qaiser during his visit to his home promised that government will provide all legal support. However, when he approached the Home Department, he was told that government will provide just one lawyer.

“I told them that the accused have 25 lawyers but they (government) said government will only provide one lawyer,” said Mashal's father.

“Even that one lawyer has not yet been paid by the government.”

Iqbal, however, appreciated Advocate Fazal Khan, Shahab Khattak, Mumtaz Khan and Ayaz Khan for helping him secure justice without any material benefits.

On February 8, Dr Mian Saeed District Police Officer (DPO) Mardan told The Express Tribune, "Initial investigation shows he recently returned from abroad."

The raid was conducted on an intelligence tip-off and a special police team nabbed him from the locality where he was hiding.

The ATC in Abbottabad, on February 7 awarded death sentence to one and 25-year-prison to five others in the Mashal Khan murder case.

Mashal murder case: Main accused PTI councillor Arif taken into custody

The court exonerated 26 out of 57 accused in the Mardan lynching case. “No conclusive evidence is brought on record against them and at the same time they were not found to have played any overt act in the lynching of Mashal Khan whereas though identified in the videos/PFSA report, they could only be seen standing in the mob or making videos therefore they are acquitted of all charges leveled against them and it is directed that they shall be released forthwith if not required in any other case,” the judgement reads.

The capital punishment has been awarded to prime accused Imran Sultan under section 302(b) and section 7(1)(a) of the Pakistan Penal Code (PPC) while five have been convicted and sentenced to life-imprisonment under section 302(b)/148/149 of PPC.

The K-P government announced it will appeal against the acquittal of accused.  “The K-P govt will go into an appeal against all those who have been acquitted,” a press release issued by the K-P Home Department said. “We will also file an appeal for extreme punishment of those already awarded [life imprisonment].”

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