Convict acquitted after 3-year incarceration

LHC decision comes following 75-minute hearing

LAHORE:

The acquittal of a convict after only 75 minutes of hearing raised questions over his having remained in jail for three years after filing an appeal against a sentence of life imprisonment in a murder case.

The convict’s counsel, Advocate Numan Attique, said at least 10 applications had been submitted in Lahore High Court for early hearing but the case was not heard regularly or adjourned for various reasons. The defendant was a juvenile at the time of the incident and his health had deteriorated in jail.

Finally, the appeal was heard by Justice Chaudhry Abdul Aziz, who adjourned it till the next day after initial hearing.

The following day, it was again adjourned for a day on the request of the complainant’s counsel. After that the case was adjourned for a weak.

Following this, Justice Aziz gave strong remarks, observing that no request for adjournment would be accepted. "I have gone through the case file and the court will decide this matter today," the judge remarked.

Lawyers from both sided presented their arguments for over an hour, after which Justice Aziz announced acquittal of convict Faizan Ahmed and set aside the life imprisonment handed down to him.

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The matter was first heard by Justice Muhammad Qasim Khan who is now the Chief Justice of LHC and retiring on July 5.

Justice Khan observed at the time that it was a case of sensitive nature and the health of the convict was deteriorating.

The jail authorities stated in a report submitted on the judge's order on November 7, 2018 that Faizan was suffering chronic disorders whose patients were prone to contracting infectious diseases and could not be kept in the prison.

After that Justice Khan went to the Multan Bench and the case was successively referred to Justice Sardar Naeem, Justice Tariq Saleem Sheikh and other judges.

The case was adjourned due to unavailability of judges or on the request of the complainant's counsel.

Meanwhile, more than 10 applications were submitted for early hearing of the appeal.

Commenting on the matter, senior lawyer Azhar Siddique asked who was responsible for the three years that the convict spent in jail after filing the appeal.

He called for a mechanism for entertaining the appeals of convicts on priority.

There were six accused in the murder case of Shahid Imran over an agricultural land dispute. Civil Line Mandi Bahauddin police had registered an FIR against them.

Faizan obtained post-arrest bail from the LHC. Four of the accused were acquitted by the trial court.

Faizan, who was aged 16 when the incident occurred, and his brother Khuram Shehzad were sentenced to life imprisonment on May 31, 2018. He had been in jail since then.

Published in The Express Tribune, July 2^nd, 2021.