ATC given another week to conclude Shahzeb Khan murder trial
Suspects have challenged ATC’s jurisdiction to try the case in a petition filed at SHC.
Shahzeb Khan. PHOTO: FILE
KARACHI:
The Sindh High Court has granted seven more days to the Anti-Terrorism Court to the conclude Shahzeb Khan’s murder trial.
This is the fourth time the high court has granted an extension for completion of trial, which has already been delayed due to various reasons - particularly frequent replacements of the prosecutor.
“The prosecutor has been replaced four times already. The trial proceedings should have been completed by now but the same has been delayed by the frequent replacements [of the prosecutor],” alleged Faisal Siddiqui, who represents the complainant.
Shahrukh Jatoi, his friends Nawab Siraj Talpur, Nawab Sajjad Talpur and their servant Ghulam Murtaza Lashari, have been charged with murdering Shahzeb Khan over a petty dispute in the Defence Housing Authority on December 25, 2012.
The victim’s father, DSP Aurangzeb Khan, registered a case naming the four suspects who have been arrested and are facing murder trial before the Anti-Terrorism Court.
According to the directions issued by the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, who had earlier taken suo motu notice of the civil society activists’ protest against delay in arrest of the killers, the trial was scheduled to be concluded within seven days.
“The trial started with a delay of two days - March 27 instead of March 25 - and was supposed to be completed by April 3, but the matter has been lingering on account of adjournments due to replacement of the prosecutors, requests mostly from the suspects for engaging lawyers and also a couple of times due to strike by the lawyers,” a court official told The Express Tribune on the condition of anonymity.
Trial progress
Out of the total 53 witnesses listed by the prosecution, 22 have been examined by the trial court while 29 were removed from the list. Some were declared hostile.
Murder or terrorism?
The defence has also challenged the jurisdiction of the trial court - in a petition filed with the Sindh High Court, the suspects claimed that the prosecution had wrongly inserted sections of the Anti-Terrorism Act (ATA) 1997.
They maintained that the offence alleged on the suspects does not fall within the ambit of this law and subsequently, the trial should have been conducted by an ordinary court instead of the ATC. It has been requested to transfer proceedings from the ATC to an ordinary court.
Experts believe if the offence is treated as simple murder without the charge of terror, then the ordinary court would decide the case on its own merits - thus offering an opportunity for the suspects to compromise with the victim’s family against compensation.
Earlier, the ATC had rejected such plea, noting that it had the jurisdiction to try the case since the offence falls within ambit of ATA 1997.
Age factor
Shahrukh Jatoi, the prime suspect in the murder trial, has also challenged his trial under the Anti-Terrorism Law and has claimed legal concessions under the Juvenile Justice System Ordinance 2000.
Jatoi claims that he is under 18 and therefore should be tried separately from the adult co-accused and also kept in a juvenile jail.
The defence has claimed that if the court treats him as minor, he would escape capital punishment being underage and could maximum life imprisonment.
Illegal traveling charge
Separately, trial against main suspect Shahrukh Jatoi under the charge of illegally travelling abroad is also pending trial before the concerned court.
Better class in jail
Currently, three suspects, including Shahrukh Jatoi, Nawab Siraj Talpur and Nawab Sajjad Talpur, have been provided a better class accommodation in the prison - a category defined in the law and permitted to the educated citizens.
Published in The Express Tribune, April 18th, 2013.
The Sindh High Court has granted seven more days to the Anti-Terrorism Court to the conclude Shahzeb Khan’s murder trial.
This is the fourth time the high court has granted an extension for completion of trial, which has already been delayed due to various reasons - particularly frequent replacements of the prosecutor.
“The prosecutor has been replaced four times already. The trial proceedings should have been completed by now but the same has been delayed by the frequent replacements [of the prosecutor],” alleged Faisal Siddiqui, who represents the complainant.
Shahrukh Jatoi, his friends Nawab Siraj Talpur, Nawab Sajjad Talpur and their servant Ghulam Murtaza Lashari, have been charged with murdering Shahzeb Khan over a petty dispute in the Defence Housing Authority on December 25, 2012.
The victim’s father, DSP Aurangzeb Khan, registered a case naming the four suspects who have been arrested and are facing murder trial before the Anti-Terrorism Court.
According to the directions issued by the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, who had earlier taken suo motu notice of the civil society activists’ protest against delay in arrest of the killers, the trial was scheduled to be concluded within seven days.
“The trial started with a delay of two days - March 27 instead of March 25 - and was supposed to be completed by April 3, but the matter has been lingering on account of adjournments due to replacement of the prosecutors, requests mostly from the suspects for engaging lawyers and also a couple of times due to strike by the lawyers,” a court official told The Express Tribune on the condition of anonymity.
Trial progress
Out of the total 53 witnesses listed by the prosecution, 22 have been examined by the trial court while 29 were removed from the list. Some were declared hostile.
Murder or terrorism?
The defence has also challenged the jurisdiction of the trial court - in a petition filed with the Sindh High Court, the suspects claimed that the prosecution had wrongly inserted sections of the Anti-Terrorism Act (ATA) 1997.
They maintained that the offence alleged on the suspects does not fall within the ambit of this law and subsequently, the trial should have been conducted by an ordinary court instead of the ATC. It has been requested to transfer proceedings from the ATC to an ordinary court.
Experts believe if the offence is treated as simple murder without the charge of terror, then the ordinary court would decide the case on its own merits - thus offering an opportunity for the suspects to compromise with the victim’s family against compensation.
Earlier, the ATC had rejected such plea, noting that it had the jurisdiction to try the case since the offence falls within ambit of ATA 1997.
Age factor
Shahrukh Jatoi, the prime suspect in the murder trial, has also challenged his trial under the Anti-Terrorism Law and has claimed legal concessions under the Juvenile Justice System Ordinance 2000.
Jatoi claims that he is under 18 and therefore should be tried separately from the adult co-accused and also kept in a juvenile jail.
The defence has claimed that if the court treats him as minor, he would escape capital punishment being underage and could maximum life imprisonment.
Illegal traveling charge
Separately, trial against main suspect Shahrukh Jatoi under the charge of illegally travelling abroad is also pending trial before the concerned court.
Better class in jail
Currently, three suspects, including Shahrukh Jatoi, Nawab Siraj Talpur and Nawab Sajjad Talpur, have been provided a better class accommodation in the prison - a category defined in the law and permitted to the educated citizens.
Published in The Express Tribune, April 18th, 2013.