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“It is against the rules and the justice system of the country,” alleged Iqbal Khan, the father of Mashal Khan, while addressing a news conference at the Peshawar Press Club on Friday.
On February 7, 2017, an anti-terrorism court had awarded the death sentence to one, 25-year-prison term to five others amid convictions for 25 people for the lynching of Mashal. At least 27 people were exonerated.
However, just 20 days later, Iqbal pointed out, the Abbottabad registry of the Peshawar High Court had suspended the sentences of all 25 convicts after they filed an appeal and granted their bail — all the while Iqbal’s plea to review the acquittal of 26 others by the ATC was pending.
“On one hand the government claims that they will show an enlightened face of the country to the world, while on the other convicts are being freed,” cried Iqbal while flanked by his legal counsels Ayaz Khan and Fazal.
He went on to contend that the verdict was ‘one-sided’ since neither his family nor his lawyers were informed about the hearings so that they could contest the case. The provincial government, which has pursued the case, was only represented by the additional advocate general.
"The judgment is based on merit," Iqbal stated sarcastically. The judgment was issued immediately after three-Judge bench of Supreme Court disposed of Suo motto notice after the convictions of accused by the special ATC judge.
"Its only base is that the K-P government representative (AAG) has expressed agreement that he has no objection if the punishment is suspended until the hearing of their appeals is completed."
Mashal’s father also criticised the role of the additional advocate general, noting that the verdict clearly stated that he raised no objection if the sentences of all convicts were suspended — a clear departure from what Peshawar has been doing for the past year in the case.
Advocate Ayaz added that it was mandatory that the court to inform either Iqbal or his lawyers about the case since they are a party to it.
"It is the responsibility of the court to give notice to the victim’s family before initiating hearings," argued Ayaz.
"That they did not inform us about the hearing intentionally which creates further doubts in our minds,” he alleged. The lawyer also criticized the AAG for not adopting a tougher stance to defend and ensure justice.
Mashal’s father also reserved some criticism for the K-P government’s role in the case, recalling that K-P Assembly Speaker Asad Qaiser, while visiting his home, had promised that the government will provide all legal support.
However, when he approached the Home Department to avail that support, he found out just how far the government was willing to go.
“I told them that the accused have 25 lawyers but they (government) said the government will only provide one lawyer,” Iqbal said.
“Even that one lawyer has not yet been paid by the government,” he lamented even as he appreciated his legal team for working pro bono for helping him secure justice.
The news conference was held a day after one of the principal accused in the case, Pakistan Tehreek-e-Insaf’s councillor Arif Khan was arrested in Mardan upon his return from a foreign country.
On Friday, he was produced before an anti-terrorism court.
However, due to the absence of the judge, he was taken to a session court amid tight security. There, the police were granted three-days physical remand.
Published in The Express Tribune, March 10th, 2018.
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