Question of jurisdiction: Within days, ATC to rule on fate of Shahzeb case

Lawyers say ATC will pass stiffer sentences.

KARACHI:

The Anti Terrorism Court (ATC) has decided to announce whether the Shahzeb Khan murder trial is maintainable under the strict anti-terrorism act, usually reserved for acts of terrorism, on March 4.

If the case continues under the ATC and the prime suspect Shahrukh Jatoi is convicted, he could face a minimum punishment of life imprisonment and a maximum punishment of death penalty, lawyers said.

Earlier, the defence counsel sought a review of whether the case could be tried in the anti terrorism act through an application. The case had been referred to the ATC by the Supreme Court under directives of conducting daily hearings and completing court proceedings within seven days.

When the case was taken up in the court of ATC Judge Ghulam Mustafa Memon, he called upon both the defence and prosecution teams to present their arguments regarding the maintainability of the case in the ATC.  In deliberations that lasted three hours, defence counsel Hummul Zubedi said that if this case continues in the ATC then the court will be overwhelmed with workload and “all future murder cases will be tried here (ATC) then.”



However, lawyers for the prosecution said that every murder is terrorism, insisting that ATC decides the fate of such matters. “This murder has created a sense of fear among people,” said Waseem Iqbal, who is part of legal team representing Shahzeb.

Talking to reporters after the proceedings, defence counsel Zubedi said the case had come to the ATC “because according to police the incident created fear and insecurity among people, citing the media. However, news reports are not binding on court.” He added that “a motive was missing in the FIR.”

Meanwhile, Jatoi’s lawyers demanded the prosecution to provide all records of the case, including signed witness statements, photographs of the place where murder took place and sketch of the damaged car. Granting the defence lawyers’ permission to have the record, the judge adjourned proceedings till March 7.

Shahzeb, the 20-year-old son of a police officer, was shot dead in his car on December 25 last year. Jatoi, his friend Siraj Talpur, Sajjad Talpur and Ghulam Mustafa Lashari had been nominated in the final police chalan.

Talking to reporters, the father of the victim DSP Aurangzeb said “I have complete faith in the judge. Everyone knows the reality about this case.”

Published in The Express Tribune, March 1^st, 2013.