Shahzeb Khan murder trial: ATC asked to determine ‘genuineness’ of convicts’ compromise with heirs
A recent SC ruling agreed upon ‘compromise’ between parties in an ATA case.
KARACHI:
The Sindh High Court (SHC) has questioned the 'genuineness of the compromise' struck between the convicted killers of the unarmed youth, Shahzeb Khan, and his legal heirs.
A two-judge division bench comprising Justice Muhammad Ali Mazhar and Justice Syed Muhammad Farooq Shah has referred to the anti-terrorism court (ATC)-III, which had awarded death sentences and life imprisonments to the four killers, to determine the 'genuineness' of the compromise struck between the victim's legal heirs and the killers.
The ATC-III judge, Ghulam Mustafa Memon, had given a death sentence to Shahrukh Jatoi and Nawab Siraj Talpur, while sentencing Nawab Sajjad Talpur and Ghulam Murtaza Lashari for life. They were convicted under Section 7(a) of the Anti-Terrorism Act (ATA) 1997, read with Section 302(b) of the Pakistan Penal Code. The four were found guilty of shooting to death the young son of a police deputy superintendent on December 25, 2012.
Appeals
The four convicts had appealed to the SHC, to which the trial court had also made a reference for confirmation of the sentences awarded by it.
On September 9, the convicts filed applications along with a pro forma for affecting a compromise, which was duly signed by the deceased's family. In their applications, Khan's father, mother and sisters said that they have pardoned the killers. They had further said that they had not received any blood money and pleaded the court set them free.
Legal experts said that the offence, falling within the ambit of the ATA's Section 7, amounts to an offence committed against society, thus a compromise by the victim's heirs is not acceptable. Taking up the matter on Monday, an anti-terrorism appellate bench of the SHC had asked the appellants' lawyers to answer the legal query as to whether a compromise can be affected in the cases decided by anti-terrorism courts.
The lawyers, including Kamal Azfar and Rashid A Razvi, informed the bench that the Supreme Court (SC) had recently passed a judgment in which such a type of compromise was allowed. However, they had sought a day's time.
"Let the matter be referred to the learned trial court to hold an inquiry and submit a report within three weeks," the SHC bench had ordered. After that, the matter will be decided by the high court.
Published in The Express Tribune, July 2nd, 2014.
The Sindh High Court (SHC) has questioned the 'genuineness of the compromise' struck between the convicted killers of the unarmed youth, Shahzeb Khan, and his legal heirs.
A two-judge division bench comprising Justice Muhammad Ali Mazhar and Justice Syed Muhammad Farooq Shah has referred to the anti-terrorism court (ATC)-III, which had awarded death sentences and life imprisonments to the four killers, to determine the 'genuineness' of the compromise struck between the victim's legal heirs and the killers.
The ATC-III judge, Ghulam Mustafa Memon, had given a death sentence to Shahrukh Jatoi and Nawab Siraj Talpur, while sentencing Nawab Sajjad Talpur and Ghulam Murtaza Lashari for life. They were convicted under Section 7(a) of the Anti-Terrorism Act (ATA) 1997, read with Section 302(b) of the Pakistan Penal Code. The four were found guilty of shooting to death the young son of a police deputy superintendent on December 25, 2012.
Appeals
The four convicts had appealed to the SHC, to which the trial court had also made a reference for confirmation of the sentences awarded by it.
On September 9, the convicts filed applications along with a pro forma for affecting a compromise, which was duly signed by the deceased's family. In their applications, Khan's father, mother and sisters said that they have pardoned the killers. They had further said that they had not received any blood money and pleaded the court set them free.
Legal experts said that the offence, falling within the ambit of the ATA's Section 7, amounts to an offence committed against society, thus a compromise by the victim's heirs is not acceptable. Taking up the matter on Monday, an anti-terrorism appellate bench of the SHC had asked the appellants' lawyers to answer the legal query as to whether a compromise can be affected in the cases decided by anti-terrorism courts.
The lawyers, including Kamal Azfar and Rashid A Razvi, informed the bench that the Supreme Court (SC) had recently passed a judgment in which such a type of compromise was allowed. However, they had sought a day's time.
"Let the matter be referred to the learned trial court to hold an inquiry and submit a report within three weeks," the SHC bench had ordered. After that, the matter will be decided by the high court.
Published in The Express Tribune, July 2nd, 2014.