Judge calls Nazim Jokhio’s heirs to verify compromise with rest of accused

A sessions court has directed the legal heirs of slain journalist and activist Nazimuddin Jokhio to appear in person to record statements in connection with an out-of-court settlement reached with three more accused.

Owais and his seven servants/guards — Mohammad Mairaj, Mohammad Saleem, Ahmed Khan Shoro, Doda Khan, Mohammad Soomar, Haider Ali and Meer Ali — had been charged with abetting, kidnapping and torturing 26-year-old Jokhio to death at the lawmaker’s farmhouse in Malir on November 2, 2021.

On January 12, the Additional District and Sessions Judge-I (Malir) acquitted the MPA, Mairaj, Shoro, Doda and Soomar of the charges of committing murder of Jokhio and throwing his mobile phone and clothes into a well to hide evidence in the furtherance of their common intention.

However, the judge declined to acquit two of them – Doda and Soomar – of the charge of kidnapping the victim before his brutal murder because the offence of kidnapping punishable under Section 365 of the Pakistan Penal Code is non-compoundable.

Later, incarcerated accused – Haider and Meer– and one absconding accused – Niaz Salar – through their lawyers, as well as the legal heirs jointly filed an application before the Additional District and Sessions Judge-III, who is now hearing the case, under sections 345(2) and 345 (6) of the Code of Criminal Procedure (CrPC), requesting him to accept an out-of-court settlement reached between them and acquit the three accused.

As the case came up before the court recently, Saleem, Doda Khan, and Soomar turned up on bail, while Haider and Meer were produced from the jail. Advocate Saifullah submitted a statement purportedly on behalf of the complainant, Afzal Jokhio, suggesting that he has withdrawn the compromise application.

On the other hand, the defene counsel contended that the complainant, brother of the victim, was not the legal heir of the deceased; therefore, he has no locus standi to withdraw the compromise.

Advocate Abdul Ghani Jokhio, who represents the widow of Nazim, stated that the legal heirs, including his client and mother of the victim, still stood by the fact that they have compromised with the accused persons.

Subsequently, the judge directed all the legal heirs to appear on the next date of hearing to testify whether they want to go ahead with the compromise with the accused. The hearing was adjourned until November 11.

Afzal Jokhio told The News over phone that he and his mother, being legal heirs of the victim, had not pardoned the three accused – fleeing Niaz Salar and two incarcerated accused Haider and Meer. He said Niaz was even fugitive, who has not surrendered before the court.

In the compromise plea, both the parties stated that they had patched up the matter outside the court as the heirs had forgiven the accused in the name of God without accepting any Diyat, according to defence counsel Wazeer Hussain Khoso.

In December 2022, MPA Awais along with his seven guards/servants were indicted on charges of abetting and torturing Jokhio to death and later concealing the evidence. Soomar, Doda and their absconding accomplice Niaz Salar were also indicted on the charge of kidnapping Jokhio before his murder.

Before formal commencement of the trial after the indictment, the victim’s family filed applications along with their personal affidavits stating that they had pardoned the lawmaker and other accused in the name of God without accepting any blood money. However, Shireen said she did not want any Diyat for herself but demanded an amount of Rs3,058,955 as the share in the blood money for the couple’s children – Rabia, Sabiha, Zianab and Basit. The amount was subsequently deposited with the court. One of the accused – Saleem – later refused the compromise and opted to face the trial.