Hamza Ahmed’s murder case: ‘Trial should be held in ATC’
Police and prosecutor to approach court for submitting final charge sheet in ATC.
Hamza was shot dead in Karachi on April 28. PHOTO: FILE
KARACHI:
Exactly a week after the Anti-Terrorism Court announced death sentence for two of the suspects in the Shahzeb Khan murder case, police investigators recommended that the murder trial of Hamza Ahmed - who was killed on April 27 - should be tried by the ATC after inserting sections of Anti-Terror Law.
Hamza was allegedly killed by a security guard, Amal Rehman, who was with 16-year-old Shoaib Naveed in Khayaban-e-Seher of the Defence Housing Authority, Karachi. After the murder, Amal was declared an absconder while Shoaib was taken into custody. He was recently released on bail.
The Darakhshan police had initially registered a case under Sections 302 (premeditated murder), 114 (abettor present when offence is committed) and 34 (common intention) of the Pakistan Penal Code against Shoaib, his father Naveed Ahmed, Mushtaq, Muhammad Idrees, Abid Hussain and Amal Rehman.
While remanding the three suspects - Mushtaq, Muhammad Idrees and Abid Hussain - to police custody, the judge had directed the investigation officer to submit a final charge-sheet against them.
The investigation officer, Hameed Khan, had submitted an application with the district public prosecutor to seek his legal opinion regarding the final charge sheet of the case before submitting it in the court.
Prosecutor’s opinion
After scrutinising the content of the FIR, the facts and evidence, the district public prosecutor, Abdul Wahid Ansari, objected that proper legal sections had not been applied in the proposed final charge sheet.
The prosecutor advised that the offence alleged on the suspects, fully attracts the provision of section 6, sub section (2) (a) (b) of the Anti-Terrorism Act, 1997, punishable under section 7 and directed him to insert these sections in the FIR.
“The Investigation Officer is required to do the needful and submit the report under section 173 of the Criminal Procedure Code before the competent court of law after seeking legal opinion from the special public prosecutor,” stated Ansari.
In his scrutiny note, Ansari stated that the act of the suspects created sense of insecurity among people of the vicinity where the offence was committed and destabilised the public at large.
The investigation officer, after adding sections of the Anti-Terror Law in the FIR, submitted an application before the judicial magistrate in district south, Noor Muhammad Baloch. He sought the court’s permission to submit the final charge sheet in ATC since the case falls within the jurisdictions of the ATC.
A link judge was hearing the case as the judge concerned, Shabbir Ahmed Channa, was on leave. The link judge directed the IO Hameed Khan to approach the court concerned to seek permission to submit the final charge sheet in the ATC.
Published in The Express Tribune, June 15th, 2013.
Exactly a week after the Anti-Terrorism Court announced death sentence for two of the suspects in the Shahzeb Khan murder case, police investigators recommended that the murder trial of Hamza Ahmed - who was killed on April 27 - should be tried by the ATC after inserting sections of Anti-Terror Law.
Hamza was allegedly killed by a security guard, Amal Rehman, who was with 16-year-old Shoaib Naveed in Khayaban-e-Seher of the Defence Housing Authority, Karachi. After the murder, Amal was declared an absconder while Shoaib was taken into custody. He was recently released on bail.
The Darakhshan police had initially registered a case under Sections 302 (premeditated murder), 114 (abettor present when offence is committed) and 34 (common intention) of the Pakistan Penal Code against Shoaib, his father Naveed Ahmed, Mushtaq, Muhammad Idrees, Abid Hussain and Amal Rehman.
While remanding the three suspects - Mushtaq, Muhammad Idrees and Abid Hussain - to police custody, the judge had directed the investigation officer to submit a final charge-sheet against them.
The investigation officer, Hameed Khan, had submitted an application with the district public prosecutor to seek his legal opinion regarding the final charge sheet of the case before submitting it in the court.
Prosecutor’s opinion
After scrutinising the content of the FIR, the facts and evidence, the district public prosecutor, Abdul Wahid Ansari, objected that proper legal sections had not been applied in the proposed final charge sheet.
The prosecutor advised that the offence alleged on the suspects, fully attracts the provision of section 6, sub section (2) (a) (b) of the Anti-Terrorism Act, 1997, punishable under section 7 and directed him to insert these sections in the FIR.
“The Investigation Officer is required to do the needful and submit the report under section 173 of the Criminal Procedure Code before the competent court of law after seeking legal opinion from the special public prosecutor,” stated Ansari.
In his scrutiny note, Ansari stated that the act of the suspects created sense of insecurity among people of the vicinity where the offence was committed and destabilised the public at large.
The investigation officer, after adding sections of the Anti-Terror Law in the FIR, submitted an application before the judicial magistrate in district south, Noor Muhammad Baloch. He sought the court’s permission to submit the final charge sheet in ATC since the case falls within the jurisdictions of the ATC.
A link judge was hearing the case as the judge concerned, Shabbir Ahmed Channa, was on leave. The link judge directed the IO Hameed Khan to approach the court concerned to seek permission to submit the final charge sheet in the ATC.
Published in The Express Tribune, June 15th, 2013.