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The Special Anti-Terrorism Court (ATC) has dismissed the terrorism provisions in the Arsalan Mehsud murder case and ordered to transfer the case to the Sessions Court.
Special Court No16 in the Anti-Terrorism Courts in Karachi Central Jail has ruled on the petition of accused Tawheed in Arsalan murder case regarding removal of terrorism provisions.
The court granted the plea of the accused and removed the ATA provisions and ordered to transfer the case to the Sessions Court.
The court said in its judgment that spreading fear and insecurity in society does not come under the law of terrorism unless there are such motives.
The Supreme Court also held that unless it was proved that the motive of the move was fear or insecurity, it could not be termed as terrorism.
The case involves three accused, including former SHO Azam Gopang and constable Tawheed.
According to the prosecution, Arsalan Mehsud was shot dead by officers Tauheed and Umair in civvies in Orangi Town. The former SHO had tried to prove that the murder was a police encounter by placing a weapon on the victim.
However, initial investigations proved that the victim, 14-year-old Arsalan Mehsud, was coming back from a coaching centre with his friend Yasir Khan riding pillion on a new 125cc motorycle which constable Tauheed and his informer Umair wanted to snatch at gunpoint.
Published in The Express Tribune, April 13th, 2022.
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