ATC rejects man’s plea for transfer of wife murder case to sessions court

An anti-terrorism court (ATC) has dismissed an application seeking transfer of a case pertaining to the murder of a woman inside a judge's chamber to a sessions court, observing that it fell within the ambit of terrorism as the incident created terror, fear and sense of insecurity in the minds of judges, court staff and common man.

Accused Sikandar Ali Sahto had allegedly shot dead his estranged wife Saima during the hearing of her khula (dissolution of marriage) case inside the chamber of the judicial magistrate-XII (Central) on May 29, 2023. He had also hit and injured his father-in-law Dadan Sahto with the butt of his pistol.

His brother Gada Hussain has also been charge-sheeted for allegedly aiding and abetting the crime.

After hearing arguments from both sides, the ATC-VII judge, who is conducting the trial in the judicial complex inside the central prison, dismissed the application filed by the accused under the Section 23 of the Anti-Terrorism Act 1997 seeking transfer of the case to an ordinary court.

The judge noted that during pre-trial hearing of a suit filed by Saima for dissolution of her marriage with Sikandar, the accused had brought a pistol with him concealed in his clothes, adding that he opened fire on the victim in the presence of a family judge, as a result of which she succumbed to her injuries and the accused was subsequently apprehended along with the crime weapon. As per the FIR, the judge said Gada had abetted his brother in committing the murder.

He said the alleged incident took place in the chamber of the family judge during judicial proceedings and such an act of the accused created danger to the life of the judge, as well as other officials present there.

The judge observed that the incident also created a bad image in the minds of public, particularly the victim's family members who had approached the court for seeking justice according to the law.

"This alleged act of the accused has apparently created terror, fear and sense of insecurity in the minds of judges, staff of courts, common man and even in the whole society," he added and ruled that hence, the case apparently fell within the ambit of Anti-Terrorism Act.

Advocate Zulfiqar Ali Jalbani, who is representing the complainant in the case, opposed the application, arguing that the incident created fear in the minds of public and therefore, it attracted Section 7 of the Anti-Terrorism Act.

Separately, the judge confirmed the interim pre-arrest bail granted to Gada.

An FIR was registered at the City Courts police station under the sections 302 (premeditated murder), 324 (attempted murder), 228 (intentional insult or interruption to public servant sitting in judicial proceeding) and 109 (abetment) of the Pakistan Penal Code read with the Section 7 (punishment for acts of terrorism) of the Anti-Terrorism Act.