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SC acquits Shahrukh Jatoi, others in 2012 Shahzeb murder case
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Pardon for Shahzeb killers triggers debate
IMRAN AYUB
Shahzeb Khan. — File photo
Published
2013-09-10 06
08
Dawn newspaper
KARACHI: The pardon of a business tycoon’s son and his three accomplices on Monday in the Shahzeb murder case by the family of the deceased has triggered a debate as the legal fraternity believed that under the law the convicts could not be exonerated in this manner, but religious scholars did not find the move in clash with any clause of Shariah.
The lawyers recognised Section 309 (waiver of qisas in qatl-i-amd) of the Pakistan Penal Code, but they believed that it could not favour Shahrukh Jatoi, Siraj Talpur, Sajjad Talpur and Ghulam Murtaza Lashari because they were convicted under the Anti-terrorism Act.
“The accused were tried by an anti-terrorism court because they were charged under Section 7-A of the ATA,” said Muhammad Farooq, a Sindh High Court lawyer with expertise in criminal cases.He said the accused could have been pardoned by the aggrieved family if they were tried under the PPC, but they were convicted under the ATA for a non-compoundable offence.
Mr Farooq said the defence lawyer should have convinced the appellate court that his clients should not be tried under the ATA because it was a simple murder case. Had the appellant bench been satisfied, Section 7-A of the ATA could have been removed from the charge sheet and the accused tried by a regular court.
“Under the ATA, terrorism is not an offence against an individual or a family, but a crime against society and the state,” he said.
Khawaja Naveed Ahmed, Advocate, said the aggrieved family could only pardon the convicts if the case was tried under the PPC.
He said that in case of pardon by the deceased family, the punishment would become invalid only under the PPC, but it would stay unaffected if it was handed down under the ATA.
But Mufti Muneeb-ur-Rehman did not see the Shahzeb family’s pardon contrary to the teachings of Islam and Sharia. Islamic law allowed the aggrieved family to settle the dispute with the accused under three conditions.
“First, the aggrieved party can ask the state to execute the accused if he or she is found guilty. Second, they can compromise with the guilty party after receiving a certain amount of money, which is not fixed in Islam. Third, they can pardon the convicts in the name of Allah. I think they (Shahzeb’s family) went for the third option,” he said.
He, however, said that it was a responsibility of the state to ensure that there was no pressure on the aggrieved family and no unlawful means were involved.
DEAL?: Unconfirmed reports of a multi-million rupee deal between the aggrieved family and the convicts went viral on social and broadcast media.
One TV channel claimed that the Jatois had paid about Rs350 million as compensation to the family of Shahzeb. It also said that the aggrieved family had planned to settle abroad.
But Shahzeb’s mother denied these reports and said that a ‘malicious campaign’ had been launched against her family by certain elements.
“We have forgiven the killers of our son only in the name of Allah,” Ambreen Khan was quoted as saying by another TV channel. “We have not received even a penny and we all are here in Pakistan.
We can even produce our passports which have no visa stamps of any country.
IMRAN AYUB
Shahzeb Khan. — File photo
Published
2013-09-10 06
08Dawn newspaper
KARACHI: The pardon of a business tycoon’s son and his three accomplices on Monday in the Shahzeb murder case by the family of the deceased has triggered a debate as the legal fraternity believed that under the law the convicts could not be exonerated in this manner, but religious scholars did not find the move in clash with any clause of Shariah.
The lawyers recognised Section 309 (waiver of qisas in qatl-i-amd) of the Pakistan Penal Code, but they believed that it could not favour Shahrukh Jatoi, Siraj Talpur, Sajjad Talpur and Ghulam Murtaza Lashari because they were convicted under the Anti-terrorism Act.
“The accused were tried by an anti-terrorism court because they were charged under Section 7-A of the ATA,” said Muhammad Farooq, a Sindh High Court lawyer with expertise in criminal cases.He said the accused could have been pardoned by the aggrieved family if they were tried under the PPC, but they were convicted under the ATA for a non-compoundable offence.
Mr Farooq said the defence lawyer should have convinced the appellate court that his clients should not be tried under the ATA because it was a simple murder case. Had the appellant bench been satisfied, Section 7-A of the ATA could have been removed from the charge sheet and the accused tried by a regular court.
“Under the ATA, terrorism is not an offence against an individual or a family, but a crime against society and the state,” he said.
Khawaja Naveed Ahmed, Advocate, said the aggrieved family could only pardon the convicts if the case was tried under the PPC.
He said that in case of pardon by the deceased family, the punishment would become invalid only under the PPC, but it would stay unaffected if it was handed down under the ATA.
But Mufti Muneeb-ur-Rehman did not see the Shahzeb family’s pardon contrary to the teachings of Islam and Sharia. Islamic law allowed the aggrieved family to settle the dispute with the accused under three conditions.
“First, the aggrieved party can ask the state to execute the accused if he or she is found guilty. Second, they can compromise with the guilty party after receiving a certain amount of money, which is not fixed in Islam. Third, they can pardon the convicts in the name of Allah. I think they (Shahzeb’s family) went for the third option,” he said.
He, however, said that it was a responsibility of the state to ensure that there was no pressure on the aggrieved family and no unlawful means were involved.
DEAL?: Unconfirmed reports of a multi-million rupee deal between the aggrieved family and the convicts went viral on social and broadcast media.
One TV channel claimed that the Jatois had paid about Rs350 million as compensation to the family of Shahzeb. It also said that the aggrieved family had planned to settle abroad.
But Shahzeb’s mother denied these reports and said that a ‘malicious campaign’ had been launched against her family by certain elements.
“We have forgiven the killers of our son only in the name of Allah,” Ambreen Khan was quoted as saying by another TV channel. “We have not received even a penny and we all are here in Pakistan.
We can even produce our passports which have no visa stamps of any country.
There is no democracy in Pakistan. When you cannot prosecute a simple murder case in a simple manner you can forget about all this talk of democracy and how it will help Pakistan. Only a violent uprising will change things otherwise expect more of the same. It was only a matter of time before the reality of pak society showed its true colors.
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Abdullah719
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Retrial of Shahzeb Khan murder case commences in Karachi
A sessions court in Karachi on Tuesday began conducting the retrial of the Shahzeb Khan murder case as per the Sindh High Court's order.
On November 28, the high court had revoked the punishments previously awarded to Shahrukh Jatoi and three others in the case and ordered a retrial. The SHC had made the decision while hearing a criminal review application filed by Shahrukh Jatoi's lawyer, Advocate Farooq H. Naek, in August 2016.
In 2013, an Anti-Terrorism Court (ATC) had awarded the death penalty to co-accused Shahrukh Jatoi and Siraj Talpur for Shahzeb's murder. Siraj's younger brother, Sajjad Ali Talpur, and his servant, Ghulam Murtaza Lashari, had been handed life sentences.
A couple of months after the sentence, however, Shahzeb's parents had issued a formal pardon to the convicts. The pardon was approved by the SHC ─ as was pointed out by Sindh prosecutor general at the last hearing at the high court.
As the retrial commenced today, the sessions court was informed of the pardon and sought a report on the pardon from the high court. The court remarked that both parties will be summoned with regards to the pardon.
The court ordered that the documents pertaining to the pardon should be verified and submitted before it.
A verified copy of the high court's order to revoke the punishments against the accused was also sought.
The case was adjourned till January 5.
The murder of Shahzeb Khan
Twenty-year-old Shahzeb Khan, the son of Deputy Superintendent of Police Aurangzeb Khan, had been gunned down in Karachi's Defence Housing Authority on the night of December 24, 2012 when he was returning home along with his sister after attending a wedding.
Shahzeb was killed for picking a fight with one of the suspects’ servants, who had verbally threatened and harassed his sister.
Then chief justice Iftikhar Chaudhry had taken a suo motu notice of the incident which sparked widespread outrage across the country through newspapers, TV channels and social media.
As the prime accused belonged to powerful feudal families, the incident had triggered a nationwide debate over whether the country’s elite could be held accountable for crimes they committed.
Later, after a speedy trial, Judge Ghulam Mustafa Memon of Anti-Terrorism Court-3 sentenced Shahrukh Jatoi and co-accused Nawab Siraj Talpur to death. Sajjad Talpur and Ghulam Murtaza Lashari, the Talpurs’ servant, were handed life imprisonment for their involvement in the murder.
An application — filed on behalf of the victim’s family in the SHC under Section 345 (2) of the Criminal Procedures Code, asking the court to allow the convicts and the legal heirs of the victim to settle the matter out of court — has been pending disposal.
An outrageous crime
Initially, the case (FIR 591/12) was registered under Sections 302 (premeditated murder), 109 (abetment) and 34 (common intention) of the Pakistan Penal Code on the complaint of the deceased’s father. However, during the investigation, Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the PPC and Section 7 of the Anti-Terrorism Act, 1997 were incorporated in the FIR.
The episode started with the harassment of accused Lashari with the victim’s sister. She stated in the trial court that Lashari had hurled indecent remarks at her as she was about to enter her 11th-floor apartment upon her return from a wedding.
The teenage girl deposed that she immediately phoned her mother about harassment from the Talpurs’ servant. The girl’s mother stated in her deposition in court that she immediately sent her son home as his sister was in trouble.
The victim returned and had an altercation with Lashari, which led to a quarrel between him and the accused persons. The victim’s mother tried to pacify the situation and directed her son to tender an apology.
The victim did what his mother asked him to do, but the accused persons did not accept the apology, saying that they would be satisfied only if Lashari, who had been employed as a cook by the Talpurs only two days before the incident, was allowed to slap the victim.
On hearing those terms, the victim’s mother directed her son to leave the place. Immediately after Shahzeb's departure, Shahrukh Jatoi had taken out his pistol and threatened that he would kill Shahzeb.
After the four co-accused in the case had also departed, the victims’ parents went to the apartment of the two accused Talpurs’ father, Nawab Imdad Ali Taplur, to settle the matter.
However, the accused persons meanwhile intercepted the victim at Karachi's Khayaban-i-Bahria and shot him dead.
Two friends of the victim, Muhammad Shah and Muhammad Ahmed Zuberi, who had chased the accused persons fearing an assault, witnessed the incident and deposed in court accordingly.
The two friends stated in court that Shahzeb rolled over and rested on a side after he was fired upon. Nawab Sajjad Ali Talpur and Ghulam Murtaza Lashari then walked up to the victim’s car and asked Shahrukh Jatoi to kill the victim as he was still alive.
Jatoi had then fired more shots at the victim, ensuring his demise.
https://www.dawn.com/news/1377570/retrial-of-shahzeb-khan-murder-case-commences-in-karachi
A sessions court in Karachi on Tuesday began conducting the retrial of the Shahzeb Khan murder case as per the Sindh High Court's order.
On November 28, the high court had revoked the punishments previously awarded to Shahrukh Jatoi and three others in the case and ordered a retrial. The SHC had made the decision while hearing a criminal review application filed by Shahrukh Jatoi's lawyer, Advocate Farooq H. Naek, in August 2016.
In 2013, an Anti-Terrorism Court (ATC) had awarded the death penalty to co-accused Shahrukh Jatoi and Siraj Talpur for Shahzeb's murder. Siraj's younger brother, Sajjad Ali Talpur, and his servant, Ghulam Murtaza Lashari, had been handed life sentences.
A couple of months after the sentence, however, Shahzeb's parents had issued a formal pardon to the convicts. The pardon was approved by the SHC ─ as was pointed out by Sindh prosecutor general at the last hearing at the high court.
As the retrial commenced today, the sessions court was informed of the pardon and sought a report on the pardon from the high court. The court remarked that both parties will be summoned with regards to the pardon.
The court ordered that the documents pertaining to the pardon should be verified and submitted before it.
A verified copy of the high court's order to revoke the punishments against the accused was also sought.
The case was adjourned till January 5.
The murder of Shahzeb Khan
Twenty-year-old Shahzeb Khan, the son of Deputy Superintendent of Police Aurangzeb Khan, had been gunned down in Karachi's Defence Housing Authority on the night of December 24, 2012 when he was returning home along with his sister after attending a wedding.
Shahzeb was killed for picking a fight with one of the suspects’ servants, who had verbally threatened and harassed his sister.
Then chief justice Iftikhar Chaudhry had taken a suo motu notice of the incident which sparked widespread outrage across the country through newspapers, TV channels and social media.
As the prime accused belonged to powerful feudal families, the incident had triggered a nationwide debate over whether the country’s elite could be held accountable for crimes they committed.
Later, after a speedy trial, Judge Ghulam Mustafa Memon of Anti-Terrorism Court-3 sentenced Shahrukh Jatoi and co-accused Nawab Siraj Talpur to death. Sajjad Talpur and Ghulam Murtaza Lashari, the Talpurs’ servant, were handed life imprisonment for their involvement in the murder.
An application — filed on behalf of the victim’s family in the SHC under Section 345 (2) of the Criminal Procedures Code, asking the court to allow the convicts and the legal heirs of the victim to settle the matter out of court — has been pending disposal.
An outrageous crime
Initially, the case (FIR 591/12) was registered under Sections 302 (premeditated murder), 109 (abetment) and 34 (common intention) of the Pakistan Penal Code on the complaint of the deceased’s father. However, during the investigation, Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the PPC and Section 7 of the Anti-Terrorism Act, 1997 were incorporated in the FIR.
The episode started with the harassment of accused Lashari with the victim’s sister. She stated in the trial court that Lashari had hurled indecent remarks at her as she was about to enter her 11th-floor apartment upon her return from a wedding.
The teenage girl deposed that she immediately phoned her mother about harassment from the Talpurs’ servant. The girl’s mother stated in her deposition in court that she immediately sent her son home as his sister was in trouble.
The victim returned and had an altercation with Lashari, which led to a quarrel between him and the accused persons. The victim’s mother tried to pacify the situation and directed her son to tender an apology.
The victim did what his mother asked him to do, but the accused persons did not accept the apology, saying that they would be satisfied only if Lashari, who had been employed as a cook by the Talpurs only two days before the incident, was allowed to slap the victim.
On hearing those terms, the victim’s mother directed her son to leave the place. Immediately after Shahzeb's departure, Shahrukh Jatoi had taken out his pistol and threatened that he would kill Shahzeb.
After the four co-accused in the case had also departed, the victims’ parents went to the apartment of the two accused Talpurs’ father, Nawab Imdad Ali Taplur, to settle the matter.
However, the accused persons meanwhile intercepted the victim at Karachi's Khayaban-i-Bahria and shot him dead.
Two friends of the victim, Muhammad Shah and Muhammad Ahmed Zuberi, who had chased the accused persons fearing an assault, witnessed the incident and deposed in court accordingly.
The two friends stated in court that Shahzeb rolled over and rested on a side after he was fired upon. Nawab Sajjad Ali Talpur and Ghulam Murtaza Lashari then walked up to the victim’s car and asked Shahrukh Jatoi to kill the victim as he was still alive.
Jatoi had then fired more shots at the victim, ensuring his demise.
https://www.dawn.com/news/1377570/retrial-of-shahzeb-khan-murder-case-commences-in-karachi
Syed1
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Court working to let the murderers off the hook. Sindhi waderon ka raaj hai bhai...
Abdullah719
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Court approves bail plea of Shahrukh Jatoi in Shahzeb Khan murder case
KARACHI: The session court (South) on Saturday approved the bail of Shahrukh Jatoi and three other defendants in the Shahzeb Khan murder case.
The court ordered the defendants to submit surety bonds of Rs 0.5 million each, following which the court will issue the release order of the accused.
Jatoi was also granted bail in the illegal weapon possession case registered against him on a surety bond of Rs0.1 million.
Aurangzeb Khan, the father of late Shahzeb Khan, had earlier today filed an affidavit in support of the defendant's bail application in the court.
Shahzeb Khan was gunned down by the son of an influential feudal in a posh locality of Karachi. An ATC in 2013 had awarded death sentences to Shahrukh Jatoi and Siraj Talpur for the murder of Shahzeb, while life sentences were awarded to Sajjad Ali Talpur and Ghulam Murtaza Lashari.
Aurangzeb Khan stated in his affidavit that with the consent of his family members, he has reached a compromise with the family of the convicts and has pardoned the murder of his son in the name of God, hence he has no objection on the bail plea of convicts.
The court has announced to give its decision on the bail plea of convicts today.
Earlier, Jatoi appealed against the death sentence handed to him before a two-member bench of the Sindh High Court.
In a sad and unexpected turn of events, the parents of the deceased Shahzeb Khan decided to pardon the culprits responsible for the murder of their only son.
The Sindh High Court (SHC) ordered a retrial, and stroked down the death penalty awarded to the convicts by an Anti-Terrorism Court (ATC) in its November 28's verdict.
Shahzeb Khan murder case
Shahzeb Khan, 20, was shot dead on the night between December 24 and 25 in 2012.
According to the 2013 judgment, the court penalized all four accused with Rs 500,000 fine while Sajjad Talpur and Murtaza Lashari were ordered to serve an additional one-year imprisonment for harassing Shahzeb’s sister.
Speaking to a private news channel in 2013, the victim’s mother Ambreen Aurangzeb reportedly said that: “we may not have forgiven them in our hearts, but we have pardoned our son’s killers in the name of Allah.We cannot spend our entire lives in fear… we took the decision considering the circumstances.”
Details of pardon agreement
According to the details of the pardon agreement between the convicts, Shahzeb Khan’s family were paid Rs 270 million.
Sources informed Geo News that as part of the agreement, the deceased’s family were given a 500-square-yard house in the Defence neighbourhood of Karachi, while his father was given an apartment in Australia.
According to sources, the pardon agreement was with Shahzeb’s father DSP Aurangzeb. Meanwhile, Shahrukh Jatoi has been admitted to the Jinnah Hospital for the last two months.
https://www.geo.tv/latest/173576-sh...t-supporting-shahrukh-jatois-bail-application
KARACHI: The session court (South) on Saturday approved the bail of Shahrukh Jatoi and three other defendants in the Shahzeb Khan murder case.
The court ordered the defendants to submit surety bonds of Rs 0.5 million each, following which the court will issue the release order of the accused.
Jatoi was also granted bail in the illegal weapon possession case registered against him on a surety bond of Rs0.1 million.
Aurangzeb Khan, the father of late Shahzeb Khan, had earlier today filed an affidavit in support of the defendant's bail application in the court.
Shahzeb Khan was gunned down by the son of an influential feudal in a posh locality of Karachi. An ATC in 2013 had awarded death sentences to Shahrukh Jatoi and Siraj Talpur for the murder of Shahzeb, while life sentences were awarded to Sajjad Ali Talpur and Ghulam Murtaza Lashari.
Aurangzeb Khan stated in his affidavit that with the consent of his family members, he has reached a compromise with the family of the convicts and has pardoned the murder of his son in the name of God, hence he has no objection on the bail plea of convicts.
The court has announced to give its decision on the bail plea of convicts today.
Earlier, Jatoi appealed against the death sentence handed to him before a two-member bench of the Sindh High Court.
In a sad and unexpected turn of events, the parents of the deceased Shahzeb Khan decided to pardon the culprits responsible for the murder of their only son.
The Sindh High Court (SHC) ordered a retrial, and stroked down the death penalty awarded to the convicts by an Anti-Terrorism Court (ATC) in its November 28's verdict.
Shahzeb Khan murder case
Shahzeb Khan, 20, was shot dead on the night between December 24 and 25 in 2012.
According to the 2013 judgment, the court penalized all four accused with Rs 500,000 fine while Sajjad Talpur and Murtaza Lashari were ordered to serve an additional one-year imprisonment for harassing Shahzeb’s sister.
Speaking to a private news channel in 2013, the victim’s mother Ambreen Aurangzeb reportedly said that: “we may not have forgiven them in our hearts, but we have pardoned our son’s killers in the name of Allah.We cannot spend our entire lives in fear… we took the decision considering the circumstances.”
Details of pardon agreement
According to the details of the pardon agreement between the convicts, Shahzeb Khan’s family were paid Rs 270 million.
Sources informed Geo News that as part of the agreement, the deceased’s family were given a 500-square-yard house in the Defence neighbourhood of Karachi, while his father was given an apartment in Australia.
According to sources, the pardon agreement was with Shahzeb’s father DSP Aurangzeb. Meanwhile, Shahrukh Jatoi has been admitted to the Jinnah Hospital for the last two months.
https://www.geo.tv/latest/173576-sh...t-supporting-shahrukh-jatois-bail-application
Bewal Express
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Great! Take the money and everthing is ok. So all the outrage about wanting justice was a haggling strategy.
DW44
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What is conveniently missing from all the condemnation of recent developments is any mention of the Qisas and Diyat laws that allowed him to walk free and it's no secret why people are skirting that particular issue. This is not the first time someone has walked free after committing multiple murders in broad daylight and then paying off the victims *cough* Raymond Davis *cough* and back then too we had the usual "OMG politicians so corrupt" with nary a mention of the law that allowed the murderers to walk free because then we'd have had to confront the reality that it was an Islamic law, pure and simple, not corruption or graft that ultimately facilitated murderers walking free (it's the same story with our rape laws where victims routinely go to jail under an Islamic law, most recently around July-August this year).
Had this law not been in place, it simply wouldn't have been possible for the perpetrator to pay off the victim's family because they would have had no legal power to "forgive" the murderer. Another example of our nation's hypocrisy. Everyone wants a particular set of laws and when they backfire, the blame goes to everything but the laws themselves, be they Qisas laws, blasphemy laws or the rules of evidence in rape cases.
Had this law not been in place, it simply wouldn't have been possible for the perpetrator to pay off the victim's family because they would have had no legal power to "forgive" the murderer. Another example of our nation's hypocrisy. Everyone wants a particular set of laws and when they backfire, the blame goes to everything but the laws themselves, be they Qisas laws, blasphemy laws or the rules of evidence in rape cases.
Syed1
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Wasn't a law recently introduced that prevented this sort of thing happening, with the murderer paying the family of the victim and walking scot free. I think it was for the Qandeel Balouch case in which the murderer wasn't allowed to be pardoned by the family (since the murderer was part of the family itself).
DW44
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Only applicable in honor killing cases and still had a loophole that allowed the next of kin to forgive the murderer.
Savak
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The only reason why Shahrukh Jatoi went behind bars in 2012/13 was because the then CJ Iftikhar Chaudry took Suo Moto action, without that the guy would have gotten away with it. They tried to kill time under the hope that the public outcry, outrage would die down by 5 years time and a lot can change in 5 years which is what has happened.
Savak
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These killers are openly getting away with it through threats and intimidation and nobody can do anything about it. That is the reality of the law and order situation in Pakistan and they talk about democracy and the rule of law in Pakistan? Right
Abdullah719
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Shahzeb murder case: SC moved against SHC decision on Shahrukh Jatoi's retrial
Lawyer and rights activist Jibran Nasir and other citizens of Karachi on Tuesday filed an appeal in the Supreme Court against a Sindh High Court decision to retry Sharukh Jatoi and his accomplices in the Shahzeb Khan murder case.
In November, the SHC had set aside the death penalty awarded to the accused and ordered a retrial of the case in a sessions court. The court's decision was taken on a criminal review petition filed by Jatoi's lawyer, who argued that terrorism charges should be dropped as the prime suspect was a juvenile at the time of the offence.
"The citizens have been deeply affected and aggrieved by judgement of the SHC whereby terror charges were removed against Shahrukh Jatoi and three others in the case of killing of youth Shahzeb Khan," says the press release issued by the appellants.
According to the press release, the killing of Shahzeb Khan had “created a sense of helplessness and insecurity amongst the people of Defence/Clifton,” as a car chase and shootout took place on a public road in the densely populated area of Defence Housing Authority.
"Against the judgement of the honourable Sindh High Court ... [the appellants] also prayed that operation of the said judgement should be suspended, and all four accused including Sharukh Jatoi should be arrested and taken in judicial custody."
"It is astonishing that a retrial has been ordered in the case where the trial had been concluded four and half years ago. The sole reasoning given by the SHC is that motive of killing Shahzeb Khan was personal enmity. Since then, all accused have been released on bail," the press release adds.
"It is because of inconsistent application of laws and meddling of power and influence in investigation and prosecution of criminal cases including those related to terrorism that such horrifying acts continue to take place in society where killers roam around with impunity creating a mockery of our laws and justice system continuing to terrorise citizens."
Shahrukh Jatoi and two co-accused, earlier convicted in the 2012 murder of 20-year-old Shahzeb Khan, were released from jails after their bail applications were approved by a court on December 24.
Shahzeb's family had told the court they had reached an out-of-court compromise with the accused's family.
Death penalty
An Anti-Terrorism Court (ATC) had earlier awarded the death penalty to Jatoi and Siraj Ali Talpur for Shahzeb's murder in 2012 following a petty dispute. Siraj's younger brother, Sajjad Ali Talpur, and domestic helper Ghulam Murtaza Lashari had been handed life sentences.
A couple of months after the sentence was passed, however, Shahzeb's parents had issued a formal pardon for the convicts, approved by SHC.
Despite the pardon, however, the death penalty had been upheld because of the addition of terrorism charges to the case — up until the SHC dropped the charges and ordered a retrial in the case.
The retrial ordered by the high court had commenced last month.
https://www.dawn.com/news/1378946/s...ainst-shc-decision-on-shahrukh-jatois-retrial
Lawyer and rights activist Jibran Nasir and other citizens of Karachi on Tuesday filed an appeal in the Supreme Court against a Sindh High Court decision to retry Sharukh Jatoi and his accomplices in the Shahzeb Khan murder case.
In November, the SHC had set aside the death penalty awarded to the accused and ordered a retrial of the case in a sessions court. The court's decision was taken on a criminal review petition filed by Jatoi's lawyer, who argued that terrorism charges should be dropped as the prime suspect was a juvenile at the time of the offence.
"The citizens have been deeply affected and aggrieved by judgement of the SHC whereby terror charges were removed against Shahrukh Jatoi and three others in the case of killing of youth Shahzeb Khan," says the press release issued by the appellants.
According to the press release, the killing of Shahzeb Khan had “created a sense of helplessness and insecurity amongst the people of Defence/Clifton,” as a car chase and shootout took place on a public road in the densely populated area of Defence Housing Authority.
"Against the judgement of the honourable Sindh High Court ... [the appellants] also prayed that operation of the said judgement should be suspended, and all four accused including Sharukh Jatoi should be arrested and taken in judicial custody."
"It is astonishing that a retrial has been ordered in the case where the trial had been concluded four and half years ago. The sole reasoning given by the SHC is that motive of killing Shahzeb Khan was personal enmity. Since then, all accused have been released on bail," the press release adds.
"It is because of inconsistent application of laws and meddling of power and influence in investigation and prosecution of criminal cases including those related to terrorism that such horrifying acts continue to take place in society where killers roam around with impunity creating a mockery of our laws and justice system continuing to terrorise citizens."
Shahrukh Jatoi and two co-accused, earlier convicted in the 2012 murder of 20-year-old Shahzeb Khan, were released from jails after their bail applications were approved by a court on December 24.
Shahzeb's family had told the court they had reached an out-of-court compromise with the accused's family.
Death penalty
An Anti-Terrorism Court (ATC) had earlier awarded the death penalty to Jatoi and Siraj Ali Talpur for Shahzeb's murder in 2012 following a petty dispute. Siraj's younger brother, Sajjad Ali Talpur, and domestic helper Ghulam Murtaza Lashari had been handed life sentences.
A couple of months after the sentence was passed, however, Shahzeb's parents had issued a formal pardon for the convicts, approved by SHC.
Despite the pardon, however, the death penalty had been upheld because of the addition of terrorism charges to the case — up until the SHC dropped the charges and ordered a retrial in the case.
The retrial ordered by the high court had commenced last month.
https://www.dawn.com/news/1378946/s...ainst-shc-decision-on-shahrukh-jatois-retrial
Jibran Nasir making sure this case doesn't end like this without proper justice.
Full support to him for this brave step!
When he held a press conference about this case, some journalists tried to turn this into ETHNIC issue (like they always do democracy, ehtnic card etc). They were from "Awaz" tv owned by Jatoi family so you can imagine how powerful they are.
Full support to him for this brave step!
When he held a press conference about this case, some journalists tried to turn this into ETHNIC issue (like they always do democracy, ehtnic card etc). They were from "Awaz" tv owned by Jatoi family so you can imagine how powerful they are.
DW44
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Second time he's been accused. Last time he was accused when he spoke up for the first batch of missing bloggers/activists (Waqas Goraya, Salman Haider etc.). It was the same channel then too (Bol).
Abdullah719
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SC decides to take up plea against acquittal of Shahzeb Khan murderers
Chief Justice of Pakistan Mian Saqib Nisar ordered on Saturday immediate transfer of a petition of civil society representatives against the acquittal of Shahzeb Khan’s murderers by Sindh High Court (SHC).
The CJP directed to move the petition from SC Karachi registry to its principal seat in Islamabad and fix the case for hearing.
Ten civil society’s representatives had moved petition in the apex court against Sindh High Court (SHC) order which set aside the convictions and sentences of Shahrukh Jatoi and others in the said murder case.
Activists including Muhammad Jibran Nasir, Jamshed Raza Mahmood, Afiya Shehrbano Zia, Naeem Sadiq, Nazim Fida Hussain Haji, Zulfiqar Shah, Aquila Ismail, Fahim Zaman Khan, and Naziha Syed Ali – will file criminal petition in the apex court today (Tuesday), challenging the SHC’s November 28 order wherein it is stated that the murder case does not fall within the jurisdiction of the Anti-Terrorism Act, 1997.
Renowned lawyer Faisal Siddiqi drafted the petition, a copy of which is available with The Express Tribune.
The petitioners, asserting to be the residents of same city where the incident of Shazeb’s murder took place, filed the Criminal Petition for leave to appeal challenging the SHC order for not to applying provisions of Anti-Terrorism Act and setting aside the conviction recorded by the Trial Court.
It was stated in the petition that incident of gruesome murder resulted in striking terror which created fear and insecurity in general public.
On December, 2012 main accused after committing murder managed to escape away from Pakistan. By the order of SC accused was arrested and brought back to Pakistan and presented in the court.
A South district and sessions court ordered on December 23 the release of Shahzeb’s murderer and the other accused after his father Aurangzeb Khan submitted an affidavit requesting the approval of Jatoi’s bail.
Other accused in the murder case include Sajjad Talpur, Siraj Talpur and Ghulam Murtaza Lashari.
In the affidavit, Aurangzeb agreed to pardon his son’s killer in the name of Allah and drop the case.
There have also been reports that the aggrieved family pardoned the suspects after reaching a monetary arrangement. However, both the families have denied such reports.
https://tribune.com.pk/story/1602376/1-sc-decides-take-plea-acquittal-shahzeb-khan-murderers/
Chief Justice of Pakistan Mian Saqib Nisar ordered on Saturday immediate transfer of a petition of civil society representatives against the acquittal of Shahzeb Khan’s murderers by Sindh High Court (SHC).
The CJP directed to move the petition from SC Karachi registry to its principal seat in Islamabad and fix the case for hearing.
Ten civil society’s representatives had moved petition in the apex court against Sindh High Court (SHC) order which set aside the convictions and sentences of Shahrukh Jatoi and others in the said murder case.
Activists including Muhammad Jibran Nasir, Jamshed Raza Mahmood, Afiya Shehrbano Zia, Naeem Sadiq, Nazim Fida Hussain Haji, Zulfiqar Shah, Aquila Ismail, Fahim Zaman Khan, and Naziha Syed Ali – will file criminal petition in the apex court today (Tuesday), challenging the SHC’s November 28 order wherein it is stated that the murder case does not fall within the jurisdiction of the Anti-Terrorism Act, 1997.
Renowned lawyer Faisal Siddiqi drafted the petition, a copy of which is available with The Express Tribune.
The petitioners, asserting to be the residents of same city where the incident of Shazeb’s murder took place, filed the Criminal Petition for leave to appeal challenging the SHC order for not to applying provisions of Anti-Terrorism Act and setting aside the conviction recorded by the Trial Court.
It was stated in the petition that incident of gruesome murder resulted in striking terror which created fear and insecurity in general public.
On December, 2012 main accused after committing murder managed to escape away from Pakistan. By the order of SC accused was arrested and brought back to Pakistan and presented in the court.
A South district and sessions court ordered on December 23 the release of Shahzeb’s murderer and the other accused after his father Aurangzeb Khan submitted an affidavit requesting the approval of Jatoi’s bail.
Other accused in the murder case include Sajjad Talpur, Siraj Talpur and Ghulam Murtaza Lashari.
In the affidavit, Aurangzeb agreed to pardon his son’s killer in the name of Allah and drop the case.
There have also been reports that the aggrieved family pardoned the suspects after reaching a monetary arrangement. However, both the families have denied such reports.
https://tribune.com.pk/story/1602376/1-sc-decides-take-plea-acquittal-shahzeb-khan-murderers/
Abdullah719
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<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Supreme Court has admitted our leave to appeal in <a href="https://twitter.com/hashtag/ShahzebKhan?src=hash&ref_src=twsrc%5Etfw">#ShahzebKhan</a> case, has ordered to constitute a larger bench to decide the matter, ordered to put names of <a href="https://twitter.com/hashtag/ShahrukhJatoi?src=hash&ref_src=twsrc%5Etfw">#ShahrukhJatoi</a> & others on ECL, issue bailable warrants and suspend any proceedings for compromise by family. Alhumdulillah</p>— M. Jibran Nasir (@MJibranNasir) <a href="https://twitter.com/MJibranNasir/status/952094665473445888?ref_src=twsrc%5Etfw">January 13, 2018</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
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Syed1
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Well done... it seems Supreme Court is the last hope of the Pakistani quom.
Rinnegan Sasuke
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Really admire the guy. Once you've been labeled an "agent" in this country, you're doing something right. Hopefully, he doesn't go on an impromptu "vacation".
I am his avid follower and I pray for his safety.It is difficult to survive in Pakistan if you speak against terrorism, injustice, forced disappearances and the collusion between the Boys and sunni terror outfits.
Savak
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Some hope in Pakistan
UN talkz
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The Supreme Court on Thursday set aside the Sindh High Court's (SHC) decision from last year ordering a retrial in the Shahzeb Khan murder case.
A new bench of the SHC will hear any appeals in the case filed by the civil petitioners within two months.
The case against the accused — Shahrukh Jatoi, Siraj Talpur and Sajjad Ali Talpur — will now be heard by the anti-terrorism court (ATC). "Evidence and arguments will be heard from scratch," the SC ruled, adding that the bails of the accused were against the law.
The accused, who had been released on bail after the SHC had ordered a retrial in the case, were immediately taken into custody by Islamabad police and will be handed over to the Sindh police. The court ordered that their names also be placed on the Exit Control List (ECL).
The bench turned all petitions by the civil society into a suo motu notice. The reason for setting aside the SHC decision will be recorded later.
Jatoi during one of his initial appearances in court flashed a victory sign.─File
Jatoi during one of his initial appearances in court flashed a victory sign.─File
In his remarks, the chief justice also said that the victory sign made by Jatoi during one of his initial appearances before the court made a mockery of the judicial system and the people of the country. "The victory sign [Jatoi flashed] has led to his downfall."
A three-member bench of the SC, headed by the chief justice, was reviewing a civil petition on the Shahzeb Khan murder case, which is being re-examined after several petitioners contested a SHC decision to order a retrial of the case.
During the hearing Justice Nisar said that according to Article 187 of the constitution, the court has the right to ensure justice is provided. The chief justice also asked whether a settlement could be acceptable in a terrorism case.
Justice Asif Saeed Khosa inquired whether a suo moto notice can be taken on the release of suspect at which the accused's counsel said that he would welcome a suo moto notice in the case.
"The court will not review the entire case in the suo moto," the chief justice replied.
Latif Khosa also claimed that his client was subjected to oppression as he was kept in a death cell for five years and was not even allowed to give his examinations as he was deemed a dangerous criminal.
He also argued that the court should not accept petitions seeking dismissal of SHC decision as the justice system will suffer a setback if civil petitioners were allowed an appeal in a criminal case.
Lawyer and rights activist Jibran Nasir and other citizens of Karachi had filed an appeal in the SC against the SHC decision to retry Sharukh Jatoi and his accomplices in the Shahzeb Khan murder case.
In November, the SHC had set aside the death penalty awarded to the accused and ordered a retrial in the case in a sessions court. The court's decision was taken on a criminal review petition filed by Jatoi's lawyer, who argued that terrorism charges should be dropped as the prime suspect was a juvenile at the time of the offence.
"The citizens have been deeply affected and aggrieved by judgement of the SHC whereby terror charges were removed against Shahrukh Jatoi and three others in the case of killing of youth Shahzeb Khan," the appellants had said.
Terrorism or not?
The debate on whether Shahzeb's murder constitutes as an act of terrorism had continued in the SC earlier today, with the counsel of the accused, Latif Khosa, arguing that the first-information report (FIR) had mentioned that the incident was an escalation of a fight between children. He had said the allegation is that Shahrukh Jatoi and Siraj Talpur both shot Shahzeb once.
"This is not an allegation but a fact," Chief Justice Mian Saqib Nisar had corrected Khosa.
Shahrukh's counsel said his clients had accepted that they were in possession of a pistol at the time of the incident but that they were only indulging in aerial firing.
He added that his client has sympathy for the victim, which is why they have apologised to the family and also paid Diyat (blood money).
Khosa suggested that his client was being prosecuted for belonging to an affluent family. He told the court that the victim was also the son of a deputy superintendent police (DSP) and had slapped the accused first.
Khosa said there were multiple instances of the SC removing anti-terrorism act (ATA) sections, to which the chief justice had countered that there were also many cases where terrorism sections were added by the apex court.
The murder of Shahzeb Khan
On the night of December 24, 2012, 20-year-old Shahzeb Khan, the son of Deputy Superintendent of Police Aurangzeb Khan, was gunned down in Karachi's Defence Housing Authority when he was returning home with his sister from a wedding.
Shahzeb was killed during for picking a fight with one of the suspects’ servants, who had verbally threatened and harassed his sister.
Then chief justice Iftikhar Chaudhry had taken suo motu notice of the incident, which sparked widespread outrage across the country through newspapers, TV channels and social media.
As the prime accused belonged to powerful feudal families of Sindh, the incident had triggered a nationwide debate over whether the country’s elite could be held accountable for crimes they committed.
Later, after a speedy trial, Judge Ghulam Mustafa Memon of Anti-Terrorism Court-3 sentenced Shahrukh Jatoi and co-accused Nawab Siraj Talpur to death. Sajjad Talpur and Ghulam Murtaza Lashari, the Talpurs’ servant, were handed life imprisonment for their involvement in the murder.
A couple of months after the sentence, however, Shahzeb's parents had issued a formal pardon to the convicts.
https://www.dawn.com/news/1386629/s...on-orders-retrial-in-shahzeb-khan-murder-case
A new bench of the SHC will hear any appeals in the case filed by the civil petitioners within two months.
The case against the accused — Shahrukh Jatoi, Siraj Talpur and Sajjad Ali Talpur — will now be heard by the anti-terrorism court (ATC). "Evidence and arguments will be heard from scratch," the SC ruled, adding that the bails of the accused were against the law.
The accused, who had been released on bail after the SHC had ordered a retrial in the case, were immediately taken into custody by Islamabad police and will be handed over to the Sindh police. The court ordered that their names also be placed on the Exit Control List (ECL).
The bench turned all petitions by the civil society into a suo motu notice. The reason for setting aside the SHC decision will be recorded later.
Jatoi during one of his initial appearances in court flashed a victory sign.─File
Jatoi during one of his initial appearances in court flashed a victory sign.─File
In his remarks, the chief justice also said that the victory sign made by Jatoi during one of his initial appearances before the court made a mockery of the judicial system and the people of the country. "The victory sign [Jatoi flashed] has led to his downfall."
A three-member bench of the SC, headed by the chief justice, was reviewing a civil petition on the Shahzeb Khan murder case, which is being re-examined after several petitioners contested a SHC decision to order a retrial of the case.
During the hearing Justice Nisar said that according to Article 187 of the constitution, the court has the right to ensure justice is provided. The chief justice also asked whether a settlement could be acceptable in a terrorism case.
Justice Asif Saeed Khosa inquired whether a suo moto notice can be taken on the release of suspect at which the accused's counsel said that he would welcome a suo moto notice in the case.
"The court will not review the entire case in the suo moto," the chief justice replied.
Latif Khosa also claimed that his client was subjected to oppression as he was kept in a death cell for five years and was not even allowed to give his examinations as he was deemed a dangerous criminal.
He also argued that the court should not accept petitions seeking dismissal of SHC decision as the justice system will suffer a setback if civil petitioners were allowed an appeal in a criminal case.
Lawyer and rights activist Jibran Nasir and other citizens of Karachi had filed an appeal in the SC against the SHC decision to retry Sharukh Jatoi and his accomplices in the Shahzeb Khan murder case.
In November, the SHC had set aside the death penalty awarded to the accused and ordered a retrial in the case in a sessions court. The court's decision was taken on a criminal review petition filed by Jatoi's lawyer, who argued that terrorism charges should be dropped as the prime suspect was a juvenile at the time of the offence.
"The citizens have been deeply affected and aggrieved by judgement of the SHC whereby terror charges were removed against Shahrukh Jatoi and three others in the case of killing of youth Shahzeb Khan," the appellants had said.
Terrorism or not?
The debate on whether Shahzeb's murder constitutes as an act of terrorism had continued in the SC earlier today, with the counsel of the accused, Latif Khosa, arguing that the first-information report (FIR) had mentioned that the incident was an escalation of a fight between children. He had said the allegation is that Shahrukh Jatoi and Siraj Talpur both shot Shahzeb once.
"This is not an allegation but a fact," Chief Justice Mian Saqib Nisar had corrected Khosa.
Shahrukh's counsel said his clients had accepted that they were in possession of a pistol at the time of the incident but that they were only indulging in aerial firing.
He added that his client has sympathy for the victim, which is why they have apologised to the family and also paid Diyat (blood money).
Khosa suggested that his client was being prosecuted for belonging to an affluent family. He told the court that the victim was also the son of a deputy superintendent police (DSP) and had slapped the accused first.
Khosa said there were multiple instances of the SC removing anti-terrorism act (ATA) sections, to which the chief justice had countered that there were also many cases where terrorism sections were added by the apex court.
The murder of Shahzeb Khan
On the night of December 24, 2012, 20-year-old Shahzeb Khan, the son of Deputy Superintendent of Police Aurangzeb Khan, was gunned down in Karachi's Defence Housing Authority when he was returning home with his sister from a wedding.
Shahzeb was killed during for picking a fight with one of the suspects’ servants, who had verbally threatened and harassed his sister.
Then chief justice Iftikhar Chaudhry had taken suo motu notice of the incident, which sparked widespread outrage across the country through newspapers, TV channels and social media.
As the prime accused belonged to powerful feudal families of Sindh, the incident had triggered a nationwide debate over whether the country’s elite could be held accountable for crimes they committed.
Later, after a speedy trial, Judge Ghulam Mustafa Memon of Anti-Terrorism Court-3 sentenced Shahrukh Jatoi and co-accused Nawab Siraj Talpur to death. Sajjad Talpur and Ghulam Murtaza Lashari, the Talpurs’ servant, were handed life imprisonment for their involvement in the murder.
A couple of months after the sentence, however, Shahzeb's parents had issued a formal pardon to the convicts.
https://www.dawn.com/news/1386629/s...on-orders-retrial-in-shahzeb-khan-murder-case
Major
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Credit goes to Jibran Nasir... Yes the very same guy who some critsize him here...
ElIdolo
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This blood sucking rich man can get bailed out but not minorities.
Major
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Remember last year how the guy was being bashed by the pakistani people?
ElIdolo
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Why do people criticize him? He's one of the few sane public figures in the country. I guess they are the fans of Orya Maqbool, Zaid Hamid, Ansar Abbasi etc
Major
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Major
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Lol bail is a legal thing.
And if a minority could afford it he/she could also be bailed. No discrimination in that....
Getting bailed out doesn't mean the case has been dismissed.
If the guy runs away after that, then that's FIA's failiurenot court
ElIdolo
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Why ask me?
I'm to jahil to answer your post
Khudi research kerlo online
Thanks to Supreme Power that you are at least submissive.
Syed1
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Can we hang this guy already? Sindhi waderas are probably the worst beings that inhabit Pakistan.
Bewal Express
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The chances are that his money will mean he wont be hanged.
Major
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You can't blame shahrukh to be honest.
Anyone would try to find loopholes in the system after creating a mistake. And any rational person will take advantage of that loophole.
What the govt and the people fail to realize here is that that loophole is not being fixed.
Loophole here is the blood money. If you could get forgiven, you pay up, and then you have a murderer back in society..
Even if shahrukh jatoi gets hanged, the loophole in the system will still exist. You hang 1 guy but thousand other will still try to use the loophole in the system to their advantage
Pakistan is a nation of confused people.They worship the likes of Oreo Munafiq and Ansar Abbar. In a press conference after today's verdict, a journalist on Bol, kept on derailing the presser by continuously shouting out : What is your relationship with Indians? Why do you meet Indians? Why do you go to the Indian consulate?
The answer he got from JN totally shut him up. Check out the video.
Major
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I saw that presser. This was at start of the case.BOL was after him, plus another news group owned or affiliated with the jatoi family..
And you know what's funny, I know people who support bol. Why? Because of being pro pakiatani
Savak
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Hmm, i wonder whether people still feel aggrieved that a rich boy is getting justice in the courts?
Massive respect for Jibran Nasir. Real example of what liberalism is all about unlike filth like Ahmed Waqas Gorayas and Salman Haiders.
Jibran is one guy who speaks out against all injustice and evils in society unlike 90% of so called liberals with agenda.
Even few more years in prison for this idiot would teach him a good lesson.
Jibran is one guy who speaks out against all injustice and evils in society unlike 90% of so called liberals with agenda.
Even few more years in prison for this idiot would teach him a good lesson.
Bewal Express
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After the SC revoked his bail, Shahrukh Jatoi has fallen ill, Please pray for him.
Syed1
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I hope and pray it's a severe illness
Abdullah719
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Doesn't seem all that serious...
'Backache' takes Sharukh Jatoi back in hospital
The prime suspect in the Shahzeb Khan murder case, Sharukh Jatoi, has been shifted to Jinnah Postgraduate Medical Centre (JPMC).
According to the director of the hospital, Dr Seemin Jamali, Jatoi was shifted to the hospital after complaints of back pain.
A statement can only be issued once the final report arrives, said Dr Jamali. Different tests of the suspect will be conducted.
On February 1 Supreme Court ordered arrest of Jatoi and two co-accused in the Shahzeb murder case after setting aside their acquittal by a trial court and removal of anti-terrorism charges by the Sindh High Court.
Following the hearing, the accused were taken into custody by the Islamabad police after the verdict was read out by Chief Justice of Pakistan (CJP) Mian Saqib Nisar.
Interestingly, the three-judge special bench, headed by the CJP and comprising Justice Asif Saeed Khosa and Justice Maqbool Baqir also converted the case into a suo motu.
https://tribune.com.pk/story/1631712/1-backache-takes-sharukh-jatoi-back-hospital/
Abdullah719
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CJP displeased with Shahrukh Jatoi's medical report
Chief Justice (CJP) Mian Saqib Nisar on Saturday came down hard on doctors who had prepared a medical report for Shahrukh Jatoi, the prime suspect in the Shahzeb Khan murder case, even making an unannounced visit to the Jinnah Hospital to see for himself how the hospital was running its affairs.
Justice Nisar had last week taken notice of Jatoi's shifting to the JPMC from Karachi's Central Jail following an alleged deterioration in his medical condition just a week after the SC set aside bail granted to him by the Sindh High Court.
Shahrukh Jatoi's report — prepared by the Jinnah Postgraduate Medical Centre (JPMC) and read out in court by the Inspector General of Sindh's Prison Police, Nusrat Magan — had clearly not satisfied the CJP, who questioned the standards of the medical institute.
According to reports, the document had stated that Jatoi was suffering from piles, which surprised Justice Nisar as he recalled that the accused had actually complained of a cardiac issue.
The chief justice was further displeased when Magan told him that Jatoi had been transferred to a 'C' category jail.
"Why is a murder convict kept in 'C' class?" the chief justice demanded. "Why isn't he in a dark cell?"
Magan responded that prisoners are kept in 'C' class until the SC confirms their sentence.
The CJP also ordered jail authorities to submit a report on the number of prisoners that are transferred from the jail to the hospital to receive medical care.
Hospital sources had earlier told Dawn that the young Jatoi underwent a medical check-up for a “health-related complaint” and was “advised” hospitalisation.
However, there was no word from police and health authorities as to the nature of the illness being faced by Jatoi, who is in his early 20s. The Executive Director of the JPMC, Dr Seemin Jamali, had said at the time that the information was not being divulged "to protect the patient’s privacy".
Jatoi was among three accused in the Shahzeb Khan murder case — Siraj Talpur and Sajjad Talpur being the other two — who had been arrested after the SC revoked their bails earlier this month. The fourth accused, Ghulam Murtaza Lashari, a servant of the Talpurs, had already been in jail.
The three accused, who were arrested from the apex court's premises in Islamabad earlier this month, were later brought to Karachi.
Before he was released on bail in December 2017, Jatoi had spent a sizable chunk of his incarceration at the JPMC, where he was reportedly undergoing 'treatment'. The hospital had been declared a sub-jail for the murder accused.
https://www.dawn.com/news/1389996/c...-report-orders-sharjeel-memons-return-to-jail
Chief Justice (CJP) Mian Saqib Nisar on Saturday came down hard on doctors who had prepared a medical report for Shahrukh Jatoi, the prime suspect in the Shahzeb Khan murder case, even making an unannounced visit to the Jinnah Hospital to see for himself how the hospital was running its affairs.
Justice Nisar had last week taken notice of Jatoi's shifting to the JPMC from Karachi's Central Jail following an alleged deterioration in his medical condition just a week after the SC set aside bail granted to him by the Sindh High Court.
Shahrukh Jatoi's report — prepared by the Jinnah Postgraduate Medical Centre (JPMC) and read out in court by the Inspector General of Sindh's Prison Police, Nusrat Magan — had clearly not satisfied the CJP, who questioned the standards of the medical institute.
According to reports, the document had stated that Jatoi was suffering from piles, which surprised Justice Nisar as he recalled that the accused had actually complained of a cardiac issue.
The chief justice was further displeased when Magan told him that Jatoi had been transferred to a 'C' category jail.
"Why is a murder convict kept in 'C' class?" the chief justice demanded. "Why isn't he in a dark cell?"
Magan responded that prisoners are kept in 'C' class until the SC confirms their sentence.
The CJP also ordered jail authorities to submit a report on the number of prisoners that are transferred from the jail to the hospital to receive medical care.
Hospital sources had earlier told Dawn that the young Jatoi underwent a medical check-up for a “health-related complaint” and was “advised” hospitalisation.
However, there was no word from police and health authorities as to the nature of the illness being faced by Jatoi, who is in his early 20s. The Executive Director of the JPMC, Dr Seemin Jamali, had said at the time that the information was not being divulged "to protect the patient’s privacy".
Jatoi was among three accused in the Shahzeb Khan murder case — Siraj Talpur and Sajjad Talpur being the other two — who had been arrested after the SC revoked their bails earlier this month. The fourth accused, Ghulam Murtaza Lashari, a servant of the Talpurs, had already been in jail.
The three accused, who were arrested from the apex court's premises in Islamabad earlier this month, were later brought to Karachi.
Before he was released on bail in December 2017, Jatoi had spent a sizable chunk of his incarceration at the JPMC, where he was reportedly undergoing 'treatment'. The hospital had been declared a sub-jail for the murder accused.
https://www.dawn.com/news/1389996/c...-report-orders-sharjeel-memons-return-to-jail
Bewal Express
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Apparently the CJP asked if there was one rule for the rich and one for the poor. The CJP has a short memory as each day the king and daughter committ contempt and nothing happens and as they are rich and powerful.
Syed1
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See how hard it is to break the hold of the Sindhi waderas.... even the CJP is having a tough time against a guy who was caught with a smoking gun in his hand. This whole system is corrupt from top to bottom. Yet we have certain people who want to maintain the status quo and "let democracy take its course so that in 30-40 years we have competent rulers". These are the same people that directly benefit from corrupt rulers otherwise they wouldn't be able to vacation in Europe every year.
Poor Quaid must be tossing and turning in his grave.
Poor Quaid must be tossing and turning in his grave.
JoniInsafian
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I think Siraj Talpur killed Shahzeb Khan but due to zardari connection they have pinned everything on Jatoi... And told his dad they will save him... So if they don't save him then Jatoi will tell everything...
Because Jatoi seems like a young innocent kidd and Talpur is older badmash... Also it was siraj talpur's driver who got into fight with Shahzeb Khan...
Pakistanian
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Murder isn't a mistake
Abdullah719
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Savak
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The fact this guy has been behind bars for the last 5-6 years is a great achievement. I remember in December 2012 where everyone had given up apprehending him and bringing him to justice.
Abdullah719
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Shahrukh Jatoi caught enjoying VIP facilities in jail, sent to death cell
KARACHI: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Saturday ordered the authorities concerned to shift under-trial murder accused Shahrukh Jatoi to the death cell at Karachi Central Jail after the latter was found enjoying VIP treatment at the Landhi jail.
Jatoi, along with Siraj Talpur and others, is responsible for the murder of Shahzeb Khan.
The CJP gave the order during a surprise visit to Landhi Jail after hearing a slew of cases at the Supreme Court’s Karachi registry.
During the inspection, Justice Nisar expressed his anger at the jail authorities for providing C-class facilities to Jatoi. He questioned why a convicted murderer was allowed such facilities.
He also issued the directives to suspend the jail superintendent at the criminal negligence.
“He [Shahrukh] has been convicted by a court of murder; how is this possible,” the top judge remarked, and ordered the Inspector General Prisons to submit a report into the matter.
“On what basis and law is a murder accused being given this many facilities,” Justice Nisar asked as he also ordered an investigation to identify those responsible.
The top judge also inspected the superintendent’s room. However, the prison authorities did not allow the media to accompany the former during the inspection.
Later on, acting IG Prisons Qazi Nazir appeared in the SC registry on the CJP’s orders. “Go to the jail immediately and take action against those responsible,” the judge told him.
In 2013, an anti-terrorism court had awarded death sentences to Jatoi and Siraj Talpur for the murder of Shahzeb, while Sajjad Ali Talpur and Ghulam Murtaza Lashari were handed life sentences.
Shahzeb was gunned down by Jatoi in a posh locality of Karachi on December 25, 2012.
The Sindh High Court (SHC) later set aside the punishments awarded to the accused by the anti-terrorism court and ordered a retrial of the case in a session court.
However, the Supreme Court (SC) took a suo motu action and nullified the SHC order earlier this year.
https://www.pakistantoday.com.pk/20...ng-vip-facilities-in-jail-sent-to-death-cell/
KARACHI: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Saturday ordered the authorities concerned to shift under-trial murder accused Shahrukh Jatoi to the death cell at Karachi Central Jail after the latter was found enjoying VIP treatment at the Landhi jail.
Jatoi, along with Siraj Talpur and others, is responsible for the murder of Shahzeb Khan.
The CJP gave the order during a surprise visit to Landhi Jail after hearing a slew of cases at the Supreme Court’s Karachi registry.
During the inspection, Justice Nisar expressed his anger at the jail authorities for providing C-class facilities to Jatoi. He questioned why a convicted murderer was allowed such facilities.
He also issued the directives to suspend the jail superintendent at the criminal negligence.
“He [Shahrukh] has been convicted by a court of murder; how is this possible,” the top judge remarked, and ordered the Inspector General Prisons to submit a report into the matter.
“On what basis and law is a murder accused being given this many facilities,” Justice Nisar asked as he also ordered an investigation to identify those responsible.
The top judge also inspected the superintendent’s room. However, the prison authorities did not allow the media to accompany the former during the inspection.
Later on, acting IG Prisons Qazi Nazir appeared in the SC registry on the CJP’s orders. “Go to the jail immediately and take action against those responsible,” the judge told him.
In 2013, an anti-terrorism court had awarded death sentences to Jatoi and Siraj Talpur for the murder of Shahzeb, while Sajjad Ali Talpur and Ghulam Murtaza Lashari were handed life sentences.
Shahzeb was gunned down by Jatoi in a posh locality of Karachi on December 25, 2012.
The Sindh High Court (SHC) later set aside the punishments awarded to the accused by the anti-terrorism court and ordered a retrial of the case in a session court.
However, the Supreme Court (SC) took a suo motu action and nullified the SHC order earlier this year.
https://www.pakistantoday.com.pk/20...ng-vip-facilities-in-jail-sent-to-death-cell/
Abdullah719
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<iframe width="560" height="315" src="https://www.youtube.com/embed/32vIU8yt8Js" frameborder="0" allow="autoplay; encrypted-media" allowfullscreen></iframe>.
Angrez Pakistani
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I think we should get rid of the diyyat system.
Bewal Express
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Shahzeb murder case: Shahrukh Jatoi moved back to prison from private hospital
So in Sindh if you kill someone you go to hospital and not prison. [MENTION=135038]Major[/MENTION] can you give some context to this a you seem to start threads when IK breaks wind.
https://www.dawn.com/news/1668816/s...oi-moved-back-to-prison-from-private-hospital
So in Sindh if you kill someone you go to hospital and not prison. [MENTION=135038]Major[/MENTION] can you give some context to this a you seem to start threads when IK breaks wind.
https://www.dawn.com/news/1668816/s...oi-moved-back-to-prison-from-private-hospital
Major
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should be in jail. The fact that this killer is allowed to roam around just shows how the Provincial govt is a joke.
At the same time Federal govt is also responsible for not trying to rectify the laws where blood money is given.
Everyone is to be blamed for this and shows how no one is actually there to serve the country
Bewal Express
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The blood money doesn't have any to do with this, isn't he serving a life sentence? And why does this happen only in Sindh? Why does the PPP run a mafia state. Are these the kind of thugs you support?
Last Monetarist
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Bewal Express
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Strict action against who? Well he could start be putting himself and the rest of the PPP in jail. This isn't by accident or negligence,this is a policy of the PPP and it shows utter contempt of the law.
Major
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he would had been hanged, but the family was forced to forgieve him under diyat laws..
Than a petition was submitted and supreme court placed him jail again for life.
Also, the IG was appointed by federal....
I may not support any part next election
Bewal Express
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But in most countries he would face a similar sentence and you can see why the family was forced because in Sindh they would have been killed if they didn't agree to it. You can't hide behind anything for this. Sindh is a mafia state, deliberately created to suit the PPP as it has stood since the death of ZAB. You are instinctively a PPP supporter and if you supported them at any time in the last 10 years, then your moral compass has gone awry. No one with any sort of morality can support these thugs.
Major
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and u support a party whose mis governance lead to death of 22 people in murree
Syed1
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22 is still way smaller than the 400-500 children dying in Thar EVERY YEAR.... I wonder who is responsible for that?
Also just today it was in the news that while Saeen Sarkar was helping Sharukh Jatoi have a lavish lifestyle outside of jail in a private hospital, a poor lady had to give birth on a rehri because the government hospital in her area was closed.
Thank you PPP.... mar gayi awaam leken chalo Bhutto tu zinda hai
Bewal Express
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So you are comparing murder with a tragedy. Your a lost case! As i said your moral compass hasnt gone awry, you never had one.
Bewal Express
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This comes up with the most bizarre justifications. The children maybe dead but At least Bhutto is alive
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Information Minister Fawad Chaudhry on Wednesday said that high-profile cases of Usman Mirza, Sharukh Jatoi and the Lahore-Sialkot motorway gang-rape were challenges for the justice system.
“Why aren't these cases being heard on the daily basis,” the minister questioned in a tweet. “The prosecution and the court should fulfil their responsibility,” he added.
Fawad maintained that it is the state's duty to bring these cases to a logical conclusion.
The minister was responding to a tweet of media person Maria Memon in which she said the state should be the plaintiff in such cases because “the whole society has been psychologically affected by the terror of this incident!”
She was referring to the report published yesterday, which mentioned that the victims in the couple harassment case retracted their statement against the accused, including the main suspect Usman Mirza.
The couple in their written affidavit told the trial court that they did not want to pursue the case against Mirza and co-accused Hafiz Ataur Rehman, Adaras Qayyum Butt, Rehan, Umar Bilal Marwat, Mohib Bangash and Farhan Shaheen.
Read: Blackmailing the victims? Reversal in Usman Mirza case irks Twitter
The accused had been booked and charge-sheeted after they were arrested for stripping the couple naked, torturing them in Sector E-11 of Islamabad and later uploading their video on social media in July last year.
On the retraction of the statement, journalist Rauf Klasra said in a tweet that according to police sources, a deal of more than Rs10m was made for reconciliation between the defendant and the prosecution.
“All the hard work of the police has been turned upside down,” he added.
It is also pertinent to note that on Monday it was reported that Shahrukh Jatoi, the murder convict of the 2012 Shahzeb murder case, was living a “lavish life” on the upper floor of a little-known private hospital in Karachi’s Gizri area on the pretext of medical treatment.
Read More: Sindh CM says will take action over Shahrukh Jatoi's transfer to hospital
Home department sources told The Express Tribune that a senior official of the Sindh government played a role in transferring the murder convict from prison to hospital under the guise of medical treatment.
His presence at the hospital was only known through a leaked video. Following the release of the video, the jail authorities moved Shahrukh back to the prison.
https://tribune.com.pk/story/233834...RCMHZFeS1HVnpTSTdlOXdJV19VSmJRbzRROVktUFZYUlI
“Why aren't these cases being heard on the daily basis,” the minister questioned in a tweet. “The prosecution and the court should fulfil their responsibility,” he added.
Fawad maintained that it is the state's duty to bring these cases to a logical conclusion.
The minister was responding to a tweet of media person Maria Memon in which she said the state should be the plaintiff in such cases because “the whole society has been psychologically affected by the terror of this incident!”
She was referring to the report published yesterday, which mentioned that the victims in the couple harassment case retracted their statement against the accused, including the main suspect Usman Mirza.
The couple in their written affidavit told the trial court that they did not want to pursue the case against Mirza and co-accused Hafiz Ataur Rehman, Adaras Qayyum Butt, Rehan, Umar Bilal Marwat, Mohib Bangash and Farhan Shaheen.
Read: Blackmailing the victims? Reversal in Usman Mirza case irks Twitter
The accused had been booked and charge-sheeted after they were arrested for stripping the couple naked, torturing them in Sector E-11 of Islamabad and later uploading their video on social media in July last year.
On the retraction of the statement, journalist Rauf Klasra said in a tweet that according to police sources, a deal of more than Rs10m was made for reconciliation between the defendant and the prosecution.
“All the hard work of the police has been turned upside down,” he added.
It is also pertinent to note that on Monday it was reported that Shahrukh Jatoi, the murder convict of the 2012 Shahzeb murder case, was living a “lavish life” on the upper floor of a little-known private hospital in Karachi’s Gizri area on the pretext of medical treatment.
Read More: Sindh CM says will take action over Shahrukh Jatoi's transfer to hospital
Home department sources told The Express Tribune that a senior official of the Sindh government played a role in transferring the murder convict from prison to hospital under the guise of medical treatment.
His presence at the hospital was only known through a leaked video. Following the release of the video, the jail authorities moved Shahrukh back to the prison.
https://tribune.com.pk/story/233834...RCMHZFeS1HVnpTSTdlOXdJV19VSmJRbzRROVktUFZYUlI
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The Supreme Court (SC) on Tuesday acquitted Shahrukh Jatoi and his accomplices in the 2012 Shahzeb murder case, ARY News reported.
Shahrukh Jatoi and his accomplice Siraj Ali Talpur were sentenced to death by an anti-terrorism court in 2013 but later the high court converted Jatoi’s sentence into a life term in the high-profile Shahzeb murder case.
Siraj’s younger brother, Sajjad Ali Talpur, and domestic helper Ghulam Murtaza Lashari had been handed life sentences.
A three-member bench of SC, headed by Justice Ijazul Ahsan, heard the case.
At the outset of the hearing today, Jatoi’s lawyer Latif Khosa argued that his clients were languishing in jail for the last eight years despite an agreement with the Shahzeb family.
He told the court that his clients had no intention to spread terror.
Shahzeb murder case
Shahzeb, 20, was shot dead on the night between December 24 and 25 in 2012 in a posh locality of Karachi.
Shahrukh Jatoi was involved in the killing of Shahzeb Khan, the only son of a retired DSP, in Defence Housing Authority. An ATC handed him a death sentence in 2013.
In 2017, the complainant side had ‘pardoned’ him under the Qisas and Diyat law. However, in 2018, the Supreme Court of Pakistan took notice of it. Subsequently, his death sentence was commuted to life imprisonment by the Sindh High Court (SHC).
Shahrukh Jatoi and his accomplice Siraj Ali Talpur were sentenced to death by an anti-terrorism court in 2013 but later the high court converted Jatoi’s sentence into a life term in the high-profile Shahzeb murder case.
Siraj’s younger brother, Sajjad Ali Talpur, and domestic helper Ghulam Murtaza Lashari had been handed life sentences.
A three-member bench of SC, headed by Justice Ijazul Ahsan, heard the case.
At the outset of the hearing today, Jatoi’s lawyer Latif Khosa argued that his clients were languishing in jail for the last eight years despite an agreement with the Shahzeb family.
He told the court that his clients had no intention to spread terror.
Shahzeb murder case
Shahzeb, 20, was shot dead on the night between December 24 and 25 in 2012 in a posh locality of Karachi.
Shahrukh Jatoi was involved in the killing of Shahzeb Khan, the only son of a retired DSP, in Defence Housing Authority. An ATC handed him a death sentence in 2013.
In 2017, the complainant side had ‘pardoned’ him under the Qisas and Diyat law. However, in 2018, the Supreme Court of Pakistan took notice of it. Subsequently, his death sentence was commuted to life imprisonment by the Sindh High Court (SHC).
Angrez Pakistani
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If you are a middle class person in Pakistan who can just about save enough to get out of Pakistan, please do. Try and go as far away as possible and also try to get the rest of your family out of Pakistan when you are in a position to do so. Pakistan is not a place for anyone to live. As I have said before, Pakistan in its current state should not even exist. What is the point?
Bewal Express
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Justice is finally done. Where in the World is murdering people wrong? And why did the courts take so long to give "justice" to this poor little rich boy. Well done SC, well done PPP and well done to all.
WhenSultansBowled
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Pakistani justice system is a joke.
Shahzeb Khan's father died in 2018, at least he is not alive to see his son's murderer roam free.
Sickening.
--
<blockquote class="twitter-tweet"><p lang="en" dir="ltr">Power di game!!! Sickk!! Shameful! <a href="https://t.co/SEj5SkX5Dn">https://t.co/SEj5SkX5Dn</a></p>— Mahira Khan (@TheMahiraKhan) <a href="https://twitter.com/TheMahiraKhan/status/1582294582846377984?ref_src=twsrc%5Etfw">October 18, 2022</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Shahzeb Khan's father died in 2018, at least he is not alive to see his son's murderer roam free.
Sickening.
--
<blockquote class="twitter-tweet"><p lang="en" dir="ltr">Power di game!!! Sickk!! Shameful! <a href="https://t.co/SEj5SkX5Dn">https://t.co/SEj5SkX5Dn</a></p>— Mahira Khan (@TheMahiraKhan) <a href="https://twitter.com/TheMahiraKhan/status/1582294582846377984?ref_src=twsrc%5Etfw">October 18, 2022</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Bewal Express
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Truly disgusting.
daytrader
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Shahzeb murder outcome of 'personal egoistic approach': SC
Top court says provisions of Anti-Terrorism Act not applicable in the case
ISLAMABAD:
The Supreme Court has held that the Shahzeb murder case was the outcome of a “personal egoistic approach” and there was “no element of terrorism”.
A 17-page judgment authored by Justice Sayyed Mazahar Ali Akbar Naqvi explained the reasons for acquitting Shahrukh Jatoi, who was convicted for the December 2012 tragic murder of 20-year-old Shahzeb Khan in Karachi, last month.
The judgement said there was no ambiguity left that the case was the outcome of a “personal egoistic approach” and there was no design or purpose of destabilising the government, disturbing the society or hurting a section of the society with a view to achieving objectives which are essentially political, ideological or religious.
Therefore, provisions of the Anti-Terrorism Act (ATA) were not applicable in the case.
Headed by Justice Ijazul Ahsan, a three-judge bench comprising Justice Munib Akhtar and Justice Naqvi heard the matter.
The judgment noted that admittedly, in the present case, the incident took place due to an indecent joke with the daughter of the complainant by the appellant Ghulam Murtaza Lashari, who was the cook of the appellant Shahrukh Jatoi, “which aggravated the situation and ultimately resulted into the instant unfortunate incident”.
"If the facts of this case are evaluated on the touchstone of the very scheme of the Anti-Terrorism Act and the dictum laid down by a larger bench comprising of seven members of this court, it becomes crystal clear that there was no element of terrorism in the present case,” it said.
This aspect also lends support from the fact that the father of the deceased, who was himself a police officer, while lodging the crime report admitted that a scuffle took place amongst youth in the country club, which ultimately resulted in the instant unfortunate incident, the SC said.
"It is a matter of great concern and apathy that a young man lost his life as a result of an incident, which was initiated by the servant of the appellant Shahrukh Jatoi and the deceased became a classic example of the egoistic approach, which in all eventualities is drastic and the society cannot accredit the same by any stretch of the imagination.”
The involvement of civil society while agitating the grievances of an individual lends support that the “egocentric attitude is unacceptable leaving far-reaching impression not only for the youth of the day rather for the generations to come”.
All these facts and circumstances, when considered and evaluated conjointly, might imprint an impression otherwise but we are constrained to follow the Constitution and the law on the subject, the detailed judgement said and added that it seems essential to reiterate that the courts adjudicate the matters without being influenced by passions.
"The prime duty of the court is to do justice according to its own conscience. While dealing with the life and liberty of an accused, utmost care and caution are required to be exercised by the courts of law because slight carelessness on their part may deprive an accused person/citizen of his life and may cause irreparable hardship and damage to his family.”
The judgment notes that the basic purpose behind the enactment of the Anti-Terrorism Act, 1997, was to prevent, (i) terrorism, (ii) sectarian violence, and (iii) for speedy trial of heinous offences.
The court also noted that the Anti-Terrorism Act was a special enactment and special enactment needs to be taken in perspective of its own object.
"Any departure from same would be the negation of its object and spirit. A preamble of a statute is an introductory and expressionary statement that explains the very purpose and underlying philosophy behind the enactment."
Regarding the conviction of the appellant Shahrukh Jatoi under Section 13(e) of the Arms Ordinance, the judgment noted that admittedly the crime empties were firstly sent to the forensic science laboratory on 31.12.2012 but subsequently they were taken back on 17.01.2013 and were re-submitted later on along with the alleged recovered pistol from the appellant on 23.01.2013.
It said that the court in a number of cases has held that if the crime empty is sent to the forensic science laboratory after the arrest of the accused or together with the crime weapon, the positive report of the said laboratory loses its evidentiary value.
“Sending the crime empties together with the weapon of offence is not a safe way to sustain the conviction of the accused and it smacks of foul play on the part of the investigating officer simply for the reason that till recovery of weapon, he kept the empties with him for no justifiable reason.”
“In this view of the matter, we set aside the conviction of the appellant Shahrukh Jatoi under Section 13(e) of the Arms Ordinance,” the judgement said.
Express Tribune
Top court says provisions of Anti-Terrorism Act not applicable in the case
ISLAMABAD:
The Supreme Court has held that the Shahzeb murder case was the outcome of a “personal egoistic approach” and there was “no element of terrorism”.
A 17-page judgment authored by Justice Sayyed Mazahar Ali Akbar Naqvi explained the reasons for acquitting Shahrukh Jatoi, who was convicted for the December 2012 tragic murder of 20-year-old Shahzeb Khan in Karachi, last month.
The judgement said there was no ambiguity left that the case was the outcome of a “personal egoistic approach” and there was no design or purpose of destabilising the government, disturbing the society or hurting a section of the society with a view to achieving objectives which are essentially political, ideological or religious.
Therefore, provisions of the Anti-Terrorism Act (ATA) were not applicable in the case.
Headed by Justice Ijazul Ahsan, a three-judge bench comprising Justice Munib Akhtar and Justice Naqvi heard the matter.
The judgment noted that admittedly, in the present case, the incident took place due to an indecent joke with the daughter of the complainant by the appellant Ghulam Murtaza Lashari, who was the cook of the appellant Shahrukh Jatoi, “which aggravated the situation and ultimately resulted into the instant unfortunate incident”.
"If the facts of this case are evaluated on the touchstone of the very scheme of the Anti-Terrorism Act and the dictum laid down by a larger bench comprising of seven members of this court, it becomes crystal clear that there was no element of terrorism in the present case,” it said.
This aspect also lends support from the fact that the father of the deceased, who was himself a police officer, while lodging the crime report admitted that a scuffle took place amongst youth in the country club, which ultimately resulted in the instant unfortunate incident, the SC said.
"It is a matter of great concern and apathy that a young man lost his life as a result of an incident, which was initiated by the servant of the appellant Shahrukh Jatoi and the deceased became a classic example of the egoistic approach, which in all eventualities is drastic and the society cannot accredit the same by any stretch of the imagination.”
The involvement of civil society while agitating the grievances of an individual lends support that the “egocentric attitude is unacceptable leaving far-reaching impression not only for the youth of the day rather for the generations to come”.
All these facts and circumstances, when considered and evaluated conjointly, might imprint an impression otherwise but we are constrained to follow the Constitution and the law on the subject, the detailed judgement said and added that it seems essential to reiterate that the courts adjudicate the matters without being influenced by passions.
"The prime duty of the court is to do justice according to its own conscience. While dealing with the life and liberty of an accused, utmost care and caution are required to be exercised by the courts of law because slight carelessness on their part may deprive an accused person/citizen of his life and may cause irreparable hardship and damage to his family.”
The judgment notes that the basic purpose behind the enactment of the Anti-Terrorism Act, 1997, was to prevent, (i) terrorism, (ii) sectarian violence, and (iii) for speedy trial of heinous offences.
The court also noted that the Anti-Terrorism Act was a special enactment and special enactment needs to be taken in perspective of its own object.
"Any departure from same would be the negation of its object and spirit. A preamble of a statute is an introductory and expressionary statement that explains the very purpose and underlying philosophy behind the enactment."
Regarding the conviction of the appellant Shahrukh Jatoi under Section 13(e) of the Arms Ordinance, the judgment noted that admittedly the crime empties were firstly sent to the forensic science laboratory on 31.12.2012 but subsequently they were taken back on 17.01.2013 and were re-submitted later on along with the alleged recovered pistol from the appellant on 23.01.2013.
It said that the court in a number of cases has held that if the crime empty is sent to the forensic science laboratory after the arrest of the accused or together with the crime weapon, the positive report of the said laboratory loses its evidentiary value.
“Sending the crime empties together with the weapon of offence is not a safe way to sustain the conviction of the accused and it smacks of foul play on the part of the investigating officer simply for the reason that till recovery of weapon, he kept the empties with him for no justifiable reason.”
“In this view of the matter, we set aside the conviction of the appellant Shahrukh Jatoi under Section 13(e) of the Arms Ordinance,” the judgement said.
Express Tribune
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Shahrukh Jatoi, the main accused in the high-profile Shahzeb Khan murder case has been freed from the Malir Jail after 10 years, according to prison authorities.
The action has been taken after the Supreme Court of Pakistan had ordered the acquittal of culprits in the Shahzeb murder case last month, Express News reported.
The top court had annulled the Sindh High Court's verdict to uphold the punishment of the accused individuals in the case and ordered their release following reconciliation with the bereaved family.
Following the order, Sindh High Court Registrar wrote a letter to the Jail Superintendent to release Shahrukh Jatoi. After which, the Jail Superintendent released Jatoi immediately.
It is pertinent to note that in December 2012, Shahrukh Jatoi along with his fellows shot 20-year-old Shahzeb Khan dead, in Karachi's posh locality Defence Housing Authority (DHA).
The case was heard in the Anti-Terrorism Court (ATC) where Shahrukh Jatoi and Siraj Talpur were sentenced to death. Later, Sindh High Court (SHC) converted the death sentence to life imprisonment.
Also read: Shahzeb murder outcome of 'personal egoistic approach': SC
As per the reports, soon after Jatoi was sentenced to life imprisonment, Shahzeb’s parents approached the courts to pardon the culprits.
Yesterday, the Supreme Court issued a 17-page detailed judgement authored by Justice Sayyed Mazahar Ali Akbar Naqvi, in which it held that the Shahzeb murder case was the outcome of a “personal egoistic approach” and there was “no element of terrorism”.
In the detailed verdict the top court explained the reasons for acquitting Shahrukh Jatoi.
The judgement said there was no ambiguity left that the case was the outcome of a “personal egoistic approach” and there was no design or purpose of destabilising the government, disturbing the society or hurting a section of the society with a view to achieving objectives which are essentially political, ideological or religious.
Therefore, provisions of the Anti-Terrorism Act (ATA) were not applicable in the case.
The action has been taken after the Supreme Court of Pakistan had ordered the acquittal of culprits in the Shahzeb murder case last month, Express News reported.
The top court had annulled the Sindh High Court's verdict to uphold the punishment of the accused individuals in the case and ordered their release following reconciliation with the bereaved family.
Following the order, Sindh High Court Registrar wrote a letter to the Jail Superintendent to release Shahrukh Jatoi. After which, the Jail Superintendent released Jatoi immediately.
It is pertinent to note that in December 2012, Shahrukh Jatoi along with his fellows shot 20-year-old Shahzeb Khan dead, in Karachi's posh locality Defence Housing Authority (DHA).
The case was heard in the Anti-Terrorism Court (ATC) where Shahrukh Jatoi and Siraj Talpur were sentenced to death. Later, Sindh High Court (SHC) converted the death sentence to life imprisonment.
Also read: Shahzeb murder outcome of 'personal egoistic approach': SC
As per the reports, soon after Jatoi was sentenced to life imprisonment, Shahzeb’s parents approached the courts to pardon the culprits.
Yesterday, the Supreme Court issued a 17-page detailed judgement authored by Justice Sayyed Mazahar Ali Akbar Naqvi, in which it held that the Shahzeb murder case was the outcome of a “personal egoistic approach” and there was “no element of terrorism”.
In the detailed verdict the top court explained the reasons for acquitting Shahrukh Jatoi.
The judgement said there was no ambiguity left that the case was the outcome of a “personal egoistic approach” and there was no design or purpose of destabilising the government, disturbing the society or hurting a section of the society with a view to achieving objectives which are essentially political, ideological or religious.
Therefore, provisions of the Anti-Terrorism Act (ATA) were not applicable in the case.
Savak
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Only in Pakistan will Imran Khan be found guilty in court and someone like Shahrukh Jatoi will be exonerated. Like Bilawal said in Parliament with a arrogant smile on his face on the day of the VONC on April 10, 2022 "Welcome back to Purana Pakistan"
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