No delays, trial to be heard daily, judge tells Rangers men

Likely defence lawyer suggests Sarfaraz Shah may have killed everyone had he managed to snatch the gun.

KARACHI:

Wasting not a moment in the high-profile extrajudicial murder case, the Anti-Terrorism Court handed over on Wednesday copies of the file to seven men who stand accused.

The accused men — Afzal Khan, Tariq, Shahid Zafar, Liaquat, Inspector Bahaur Rahman, civilian Afsar Khan, and driver Manthar Ali — were produced before ATC-I Karachi Division Judge Bashir Khan Khoso. Inspector Bahaur Rahman, who is the most senior among the six, asked the judge for an adjournment.

“We have been in custody for a week and our families are also out of the city. We need time to engage lawyers for ourselves,” he pleaded. He said that each accused man would engage a lawyer for himself.

The judge said, however, that, “I cannot give an adjournment”. The Supreme Court has ordered a day-to-day trial and I have to follow it, said Khoso.

It had been a long time since such a high-profile case has been tried at the court, where the atmosphere was sombre. The courtroom was scrubbed clean and an air-conditioner was also installed for the 12-by-12 square-foot room.

The accused were brought from Central Prison, Karachi, in an armoured personnel carrier at 9:15 am and were produced before the court 25 minutes later. They appeared before it again at 10 am and were given copies of the case, including statements made by the prosecution witnesses. They endorsed with their signatures the joint receiving letter, the first document at trial.

At least four lawyers came and took copies of the documents from their prospective clients. Niamat Ali Randhawa, who served as a special public prosecutor at an ATC, told the court that he would appear as a defence lawyer for Tariq. “The family has engaged me, they are coming from the Punjab and once they arrive, the matter will be decided,” he said. He clarified that he will submit his vakalatnama [power to represent an accused] after meeting the family.

Later, the senior lawyer said that as far as he has studied the case, it cannot be tried before an ATC. The deceased, Sarfaraz Shah, tried to snatch the gun and pushed back several times. He was then shot in the end, he added. Had Shah snatched the gun, he could have killed all of the Rangers personnel, he said. He advised the media to refrain from targeting the armed forces, even the paramilitary forces, in the present circumstances.

Meanwhile, Special Public Prosecutor Muhammad Khan Buriro told the media that all formalities have been completed and now the trial would proceed on a day-to-day basis. He pointed out that the court has already hinted at providing lawyers to the accused on state expense so there should be no reason for delays.

The court will resume the hearing on Thursday at 8:30 am.

Published in The Express Tribune, June 23^rd,  2011.