Shahzeb Khan. PHOTO: FILE
As ATC-III is conducting the trial on a daily basis, the main suspect filed a criminal revision application with the SHC. He submitted that since the case did not fall within the ambit of the anti-terrorism law, his lawyer had challenged the jurisdiction of the ATC to conduct the trial.
Earlier, the trial court had also dismissed the suspect’s similar plea, observing that sufficient evidence was available on record to prove that the case falls within the ambit of the law. “Every criminal act cannot be covered under the Anti-Terrorism Act 1997,” the suspect’s lawyer had argued in the review plea. “Every terrorist may be criminal, but every criminal cannot be given the label of a ‘terrorist’ only to set in motion the more stringent provisions of the special law.”
Initially, the Darakhshan police had registered a murder case on the complaint of the victim’s father, DSP Aurangzeb Khan, who had named the four men as murderers. After the Supreme Court took notice, the investigator also added section 7 of the Anti-Terrorism Act 1997 among other charges to the FIR. The suspect’s lawyer has also challenged inclusion of section 7 and asked the SHC to declare that the offence does not attract the provisions of the stringent anti-terrorism law.
A plea against a plea
The family of the victim had also joined the proceedings through an intervener plea.
Their lawyer opposed the plea, saying the ATC was rightly trying the suspects. The lawyer pointed out that the suspect’s similar plea was also dismissed by the ATC Judge, who found the special court had jurisdiction to hear and decide the case.
Headed by Justice Sajjad Ali Shah, the bench after hearing arguments from both sides, dismissed the plea.
Case adjourned
The ATC adjourned the hearing of the murder case on an application moved by defence counsel on Wednesday.
The counsel, Shaukat Zubaidi, requested the court to adjourn the hearing as ‘he was not feeling well’, said the in-charge deputy district public prosecutor for the state, Abdul Maroof.
“The law and order situation was not good today due to a strike called by a political party,” stated the counsel in the application moved before the court. Zubaidi, a resident of North Nazimabad, requested the court to adjourn the case for a day as he was unable to attend proceedings on Wednesday.
The prison officials produced all the suspects in the court. The investigating officer, Mubeen Ahmed, who was supposed to be cross-examined by the defence counsel, was present in court but the hearing was adjourned. Justice Ghulam Mustafa Memon of the ATC-III gave a ‘last chance’ to the defence counsel while directing Ahmed to appear before the court on Thursday.
December / January
Dec 27th
Shahrukh Jatoi escapes to Dubai
5th
IG police says ‘red warrant’ issued for prime suspect, Shahrukh Jatoi’s arrest
7th
Siraj Talpur, Sajjad Talpur, Murtaza Lashari, remanded to police custody
8th
Police officer leaves for Dubai to arrest prime suspect. Dubai police deny having traced him yet.
8th
SHC restrains police from confiscating the property of suspect’s brother, Shahzad Ali Jatoi
10th
Eyewitnesses identify suspects
18th
Shahrukh Jatoi sent to lock-up. Ossification test ordered
19th
Witnesses identify prime suspect, Shahrukh Jatoi
22nd
Prime suspect undergoes ossification test
26th
ATC considers Shahrukh Jatoi to be underage and sends him to juvenile jail on judicial remand till Jan 29
30th
Shahrukh Jatoi sent to Central Jail. Fresh ossification test ordered
February
7th
ATC directs Aitchison College to provide documents to verify Shahrukh Jatoi’s age
9th
SHC restrains FIA from arresting an airport agent of the Emirates Airlines
14th
FIA files interim charge sheet against Shahrukh Jatoi for using fraudulent means to escape the country
19th
Police file charge sheet before ATC
20th
Judicial magistrate issues show-cause notice to FIA investigator for not submitting a final charge-sheet
23rd
ATC accepts the charge-sheet
26th
Defence challenges the trial under antiterrorism law
March
2nd
Prosecutor Shahid Mehmood Arain replaces prosecutor Abdul Maroof
6th
ATC dismisses defences’ plea to transfer the trial to a regular court
7th
Plea for trial to be held under juvenile law dismissed
9th
Witness testifies in the case
13th
Sister testifies in the case
17th
Lawyer for the complainant objects to Advocate Muzaffar Solangi replacing prosecutor Shahid Mehmood Arain
19th
SHC orders replacing controversial prosecutor
20th
Law department appoints new prosecutor, Advocate Muntazir Mehdi, in accordance with SHC’s directives
20th
FIA investigator files final charge sheet
21st
SHC adjourns plea seeking removal of IO Muhammad Mubeen. Statements of two witnesses recorded
22nd
Contempt notice issued to IO Muhammad Mubeen for not producing witnesses
26th
Twist in the case as friend, neighbour change statements
April
2nd
Suspect Shahrukh Jatoi challenges trial under anti-terrorism law
2nd
Three suspects allowed better facilities in jail
3rd
Eyewitness implicates all suspects in murder
9th
Prosecution gives up seven more witnesses
10th
Two witnesses testify
11th
Prosecutor excludes five more witnesses
13th
Hearing not held due to transfer of third prosecutor
15th
Law department reappoints prosecutor
17th
Defence’s plea to examine forensic expert dismissed. Former IO records statement
20th
ATC annoyed with key witnesses for adjournment. Dismisses plea to declare two witnesses as ‘hostile’
22nd /23rd
IO Muhammad Mobeen records statement
Published in The Express Tribune, April 25th, 2013.
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very accurately recorded, thank you.
Its highly admirable the way ET had followed the case, specifically this article..please keep up because the case is only alive till its in the media..please lets continue the fight for Justice!