CJ’s suo moto in Zain murder case praised countrywide

ISLAMABAD: The suo moto notice taken by the Chief Justice of Pakistan (CJP) Justice Anwar Zaher Jamali in Zain murder case was applauded across the country on Friday and top legal brains say for the first time there are hopes for strong recommendations from the apex court for improvements in witnesses-protection legislation, investigation system and for the measures to eliminate corruption in lower judiciary.
Experts say if the Supreme Court finds out any major flaws in investigation, prosecution or order passed by the lower judiciary, there are strong chances that the case will be sent to lower judiciary for a re-trial.
Senior legal expert Ikraam Chaudhry told The News that there were serious problems regarding witness protection in all respects; there is corruption in police department and serious deficiencies in investigation and prosecution system and above all power, might and influence play key role in exploiting these entire lacuna in the system.
“I hope this time the apex court will not deal with this case as an ordinary suo moto and will give strong recommendations for immediate legislation improvement regarding witness protection in all regards and for betterment of the police investigation system which always remain ready to serve the powerful,” Ikraam Chaudhry said.
Senior advocate Azhar Siddique while terming the apex court suo moto notice an appreciative and significant development told The News that Zaid murder case will be a test of the judiciary, as the present judicial system was losing its credibility and people’s confidence in military courts was increasing with every passing day.
“If the present judicial system failed to dispense with justice in a case where a powerful and mighty person killed an innocent teenager because of intoxication of his power and might, ordinary people will lose all confidence in the judiciary and everyone will start finding or discussing alternatives,” Azhar Siddique added.
The ruthless murder in presence of so many people was condemned across the country and a new debate on the behavior and public conduct of sons and relatives of politicians, bureaucrats, military officials, industrialists and media men was initiated.
Statements of all the witnesses were shown on the TV channels; however, later all the witnesses refused to recognize the shooter.
Ikraam Chaudhry was of view that judges cannot pass judgments without any evidence but in the present case there was strong evidence and all witness recorded their statements but later changed their stance obviously under threat of lives or they were allured for money.
In such cases, an honest and professional investigation could play an important role but usually police side with power and money, Ikraam said. He said the investigation officers could see why a witness was changing his/her statement and can collect more and more evidences.
“Absence of any mechanism for proper protection of witnesses and safety in all regards is the most important problem,” Ikraam added. He said though taking of suo moto by the apex court was a welcoming step, if the apex court did not give very strong and comprehensive recommendations for immediate witness protection legislation and changing of poor investigation and prosecution system, nothing will change and such brutalities will always continue. Ikraam said the Supreme Court could order re-trial of case if serious loopholes were observed in investigation, prosecution or order of the anti-terrorist court during examination of the case record.
Ikraam Chaudhry pressed the point that a legal action could be initiated against the witnesses if they had changed their statements.He said if inefficiency or wrongdoing on the part of police investigators was found, strict punishment including removal from service must be awarded to such black sheep. He said unless judiciary punished such corrupt officials, no improvement could be brought in the system even after improving legislation.
Azhar Siddiq said many technical evidences were ignored by the so-called investigators. “This was not a hidden or mysterious murder. It happened on the main road of the city and a widow was deprived of her son. There were dozens of people who had witnessed it. Police investigations could have found out all missing links and could also have safeguarded and witnesses,” Azhar Siddique said, adding “If our judiciary could not provide justice in such a case of ruthless and open murder in a public place, even legal fraternity will demand wrapping up of such a weak judicial system which is only to help the powerful and the mighty”.
Azhar said there were many legal instruments which could have been used in this case by taking guidance from many examples in case fresh investigations into the case could have been ordered and police officials be punished for failing to solve the case and helping the one accused of publicly using fire weapons and killing innocent citizen.