Plea dismissed: ATC reissues black warrants for two convicts

Faisal and Afzal's counsels claimed that they had been pardoned by victim's family

KARACHI: Black warrants were reissued for two condemned prisoners, Faisal and Afzal, by an anti-terrorism court (ATC) on Monday after their compromise plea was dismissed.

ATC-IV had dismissed a compromise plea by the convicts' counsels, Zafar Ahmed and Ali Gohar, for its non-maintainability on Friday. The counsels have contended that the convicts had been pardoned by the victim's family.

Faisal, Afzal and Kashif were sentenced to death in 1999 for killing a man, Abdul Jabbar, during a robbery in Korangi in 1998. Kashif died in prison in 2006. According to the prosecution, the convicts had barged into the victim's house with intent to commit robbery. When the residents resisted, they shot Jabbar. The police had also arrived at the scene and a gunfight ensued outside the house as well.

The case against the convicts was registered under Section 302, 396, 324, 353, 148 and 34 of the Pakistan Penal Code read with Section 7 of the Anti-Terrorism Act and Section 13-D of the Pakistan Arms Ordinance at the Korangi police station on the complaint of the deceased's son.

Since dacoity with murder is a non-compoundable offense, the counsels argued that the prosecution had been unable to establish this charge against the accused in the original trial, adding that no recovery had been made to support the charge either. The family of the deceased also appeared before Judge Anandram Sairani, supporting the convicts' claim of being pardoned.

After listening to the arguments, however, the judge concluded that no compromise could be maintained in this case. He, therefore, rejected the plea.

Black warrants had earlier been issued for Faisal and Afzal on February 23 but these were suspended when the counsels claimed that their clients had been pardoned by Jabbar's family.

According to the reissued black warrants, the convicts are to be hanged by the neck till death at 5:30am on March 17 in Karachi Central Jail. The prison authorities have been directed to complete all legal formalities and carry out the executions under the supervision of the area's judicial magistrate.

Published in The Express Tribune, March 10^th, 2015.