Freedom of expression cannot erode right to free trial: ATC

Judgement acquitting Rao Anwar says prosecution failed to prove case

KARACHI:

Special Anti-Terrorism Court has issued a written verdict in Naqeebullah Mehsud murder case and has directed media to keep law in mind while analysing cases under hearing in the courts.

The court said that freedom of expression should not affect the transparency of cases. “The right to fair trial (Article-10-A of the Constitution) should not be eroded and infringed upon with overzealous use of the right to freedom of expression (Article-19-A of the Constitution),” the judgement read reference to reporting on subjudiced cases.

The court said that proper analytical report and healthy criticism is the right of media after the verdict. The court said that the criminal justice system works only on the basis of evidence. Courts cannot be blamed for police mistakes. The evidence presented by police to court is judged on law and judicial standards.

A Special Court No16 in Anti-Terrorism Complex in Karachi Central Jail issued a 43-page written verdict in Naqeebullah Mehsud murder case.

According to written verdict, the court acquitted 18 accused including former SSP Malir Rao Anwar, DSP Qamar Ahmed from the case.

Others acquitted include Muhammad Yasin, Supard Hussain, Syed Rais Abbas, Khizar Hayat, Allahyar Kaka, Muhammad Iqbal, Arshad Ali, Ghulam Nazuq, Abdul Ali, Shafiq Ahmed, Muhammad Anar, Ali Akbar, Faisal Mahmood, Khair Muhammad, Syed Imran Kazmi and Shakeel Feroze are included.

The court issued permanent arrest warrants for seven fugitive accused. The fugitives include Amanullah Marwat, Gada Hussain, Mohsin Abbas, Sadaqat Hussain Shah, Raja Shamim Mukhtar, Rana Riaz and Sheikh Muhammad Shoaib alias Shooter. In the written judgment, the court said that doubts have been found in the case. According to Islamic and international law, benefit of doubt goes in favour of accused. It is a rule that acquittal is better than conviction by mistake.

The Judge of Special Court 16 has said in judgment that the court considers that the prosecution could not prove the case, so the accused are acquitted.

Published in The Express Tribune, January 25^th, 2023.