Mashal murder case: Govt given another three days to submit reply

Fails to explain why the case should be moved from Mardan to Peshawar

PESHAWAR: Despite being given a second chance, the provincial government once again failed to submit a response to the court over the transfer of the trial of the prime accused in Mashal Khan murder case.

The court, however, gave the Khyber-Pakhtunkhwa (K-P) government another three days to submit a reply.

On Monday, a single judge bench of the Peshawar High Court (PHC), headed by Chief Justice Yahya Afridi, heard a plea filed by Mashal’s father to transfer the trial of the main accused from the Anti-terrorism Court (ATC) in Mardan to Peshawar.

During the court was told that the government has not submitted its reply as per directions.

The court had first issued the notice to the K-P government on May 19 and then on May 25 to file its response, however, the government failed to comply.

The petition was filed by Mashal’s father, Muhammad Iqbal, through Barrister Amirullah Khan Chamkani, urging to transfer the trial of the prime accused Arif Khan, Sabir Mayar, Izharullah alias Johny and Asad Katlang.

The lawyers for the petitioner said that technically, their trial should be held Mardan.

However, owing to threats to Mashal’s family, they had urged asked the court to transfer the case to the provincial capital. The petitioner also expressed reservation over the trial the accused in Abbottabad where the PHC has previously transferred the hearing of the case.

Mashal’s father in his petition has said that all the appeals against the ATC court judgment in Mashal Khan case have already been filed before the PHC and the accused’s appeals have also been transferred, therefore, the trial of the prime accused and others should also be moved to the ATC in Peshawar.

The court then adjourned that case and directed the K-P government to submit the response till June 1.

Published in The Express Tribune, May 29^th, 2018.