SC acquits ‘murderer’ 10 years after conviction

Ag Sabah

ISLAMABAD: The Supreme Court of Pakistan on Tuesday released a man convicted by trial courts in a murder case and had been in jail for 10 years. The SC also summoned a magistrate on February 22 for not following the legal procedure in the case.

A three-member bench headed by Chief Justice Asif Saeed Khosa acquitted Asfandyar with the ruling that the prosecution failed to prove allegations against him. The court summoned Magistrate Kanwar Anwar Ali for not following the legal procedure and failing to conduct the identity parade properly.

According to the case, in 2009, the trial court awarded death sentence to Asfandyar for murdering Adil Butt, a student. According to the prosecution, Asfandyar had kidnapped Butt for ransom and killed him after the victim's family failed to pay money. Later, the Lahore High Court overturned the trial court verdict awarding death sentence and sent the man on life imprisonment. Thereafter, Asfandyar filed an appeal before the Supreme Court of Pakistan.

On Tuesday, the supreme court said the prosecution had failed to establish the case against the accused and acquitted him. The court observed that a child was killed and the suspect was convicted due to the magistrate's failure to hold the identity parade properly and follow the legal procedure.

The chief justice said it is painful when such a case comes to surface. But why an accused is being treated in such a way, he questioned and stressed that people who are required to follow the law should be held responsible. The chief justice inquired whether people are not being properly trained before being posted as magistrates. He said the suspect is real but all testimonies are false. Where will the law go if we shut our eyes? Someone has to start ensuring the law is being followed,” Justice Khosa said.

The counsel for the petitioner told the court that legal training is provided before appointing someone as magistrate. The court pointed out differences in recorded statements.

The chief justice raised questions over the procedure the police followed to determine the guilt of a suspect. He observed it appears that testimonies were developed after the suspect was arrested, asking as to how the police reached the suspect.

The counsel for the petitioner submitted that an "informer" had told the police about the suspect's involvement. Later, the police found out that the suspect had disposed of the body in a stream.