The Sahiwal verdict

Prime Minister Imran Khan has instructed the Punjab government to appeal the Oct 24 decision by an anti-terrorism court (ATC) acquitting all the six accused in the Sahiwal encounter case giving them the benefit of the doubt. The prosecution’s case was weakened as around 27 of its witnesses turned hostile. Without going into the merits and demerits of the government’s decision to challenge the verdict, it can safely be said that a doubtful precedent should not be set. The law should take its course.

The ATC has acquitted all six personnel of the Counter-Terrorism Department of the charge of killing four persons in an alleged encounter in January this year. Mohammed Khalil, his wife and their four children were travelling in their car with their family friend Zeeshan at the steering. The CTD personnel stopped the car near Sahiwal Toll Plaza on GT Road and opened fire on the car, and later claimed they were targeting suspected terrorists. The CTD personnel claimed this was an encounter in which Khalil, his wife, one of their elder daughters and the family friend were killed. Three minor children of the couple, who were also travelling in the car, survived. According to these children, they were travelling from Lahore to Burewala to attend a wedding. Their statements contradicted the CD personnel’s claim. The children said the CTD personnel opened fire without giving any warning. The CTD claimed the four were killed by the firing of their own accomplices. A joint investigation team that probed the incident came to the conclusion that the family was innocent.

In a tweet on Oct 25, Special Assistant to the PM Firdous Ashiq Awan said, “The whole country had seen the video of the parents being shot in front of the children.” The government is committed to establishing the rule of law in the country and the decision to go into appeal is in line with this commitment. It should be borne in mind that the government can exist without law, but the law can’t exist without government. It is a maxim of law that decisions should inspire public confidence.

Published in The Express Tribune, October 27^th, 2019.

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