A three-member-bench headed by Chief Justice of Pakistan (CJP) Asif Saeed Khosa and comprising Justice Mazhar Alam Khan Miankhel and Justice Sajjad Ali Shah heard the plea. The CJP remarked that the court has to ensure the scales of justice are balanced in every circumstance. He said that the court cannot weigh the prosecution's side at any cost. It's similar to injustice to the accused if he is being dragged in the case even when no evidences are present against him. The statement given before the police does not have any legal value and courts cannot accept evidence made up of suppositions.
The court transferred the accused's appeals to SHC and directed the court to analyse the evidences according to the requirements of justice.
No more adjournments in criminal appeals, says CJP
Former senior civil judge Wafa Nawaz argued in the petition that his son was brutally murdered and that the verdict passed to release the accused Asad Ali should be annulled.
According to the police, the Yasir's family filed the case against the Ali. Trial court sentenced accused Jamshed 25 year imprisonment and accused Nusrat, Sardar and Mumtaz six years imprisonment each. Trial court ordered to release accused Asad Ali while the other accused filed pleas against the sentences.
A subordinate court had awarded Jamshed Akhter life imprisonment, while Nusrat Ali, Mumtaz Ali and others were awarded six years imprisonment each.
Published in The Express Tribune, February 27th, 2019.
COMMENTS
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ