ISLAMABAD: Islamabad High Court (IHC) Chief Justice Mohammad Anwar Khan Kasi here on Wednesday dismissed a petition of a Pakistani origin British man, who has been facing charges of burning eight persons of a single family to death in Britain.
The eight deceased persons killed with a petrol bomb were Pakistani origin British citizens.The British man Shahid Mehmood had petitioned before the IHC that he is ready to face trial before a Pakistani court and could pay blood money to the heirs of the deceased family, but he may not be extradited and handed over to the British authorities.
The IHC bench, however, dismissed his contentions.Shahid Mehmood had filed a petition against his possible extradition to Britain in May this year and the IHC CJ, at an initial stage, had issued stay orders. With his petition dismissed by the IHC bench has enabled the federal government to proceed with the extradition process.
As per details in this matter, on May 12, 2002, Shahid Mehmood, along with three other co-accused Shahid Iqbal, Nazar Hussain and Shakeel Shahzad, threw a petrol bomb in a house on the Osborne Road, Huddersfield, England, in which all the eight people sleeping in the house were killed.
After committing the above said offence, the accused Shahid Mehmood ran away from the UK and came to Pakistan as per the documents produced before the IHC.The Federal Investigation Agency (FIA) arrested Mehmood in January 2015 after the British government took up this matter with the Pakistani government and requested for extradition. Following his arrest, Mehmood was then produced before the court of additional deputy commissioner of Islamabad.
In his statement before the additional deputy commissioner, Mehmood said that he was arrested by the British police on May 12, 2002, and interrogated before being released on bail. He argued that Pakistan could not extradite him due to the reasons that there is no treaty between Pakistan and the UK government. He also stated that he wanted to be tried by Pakistani courts and wants to settle the issue through Islamic law of Qisas and Diyat.
The FIA on the other hand admitted before the court regarding absence of any treaty, but asserted that the accused could be extradited if the federal government issues a notification under Section 4 of the Extradition Act 1972, which has been issued and published in the official gazette by the competent authority.
FIA in its reply said that Mehmood was fugitive offender is a UK national and he can face fair trial in the UK.Legal counsel for Mehmmod, Qamar Afzal, argued before the court that the inquiry report prepared by the additional deputy commissioner in this matter was flawed.
A deputy attorney general (DAG) Fazalur Rehman Niazi, on the other hand, argued before the court that the accused being fugitive of British court could not claim any relief from Pakistani courts. Further, the accused wanted to be tried in Pakistan as he believes that he could be saved under Qisas and Diyat law. The DAG told IHC that the additional commissioner, after detailed examination of the matter, recommended his extradition.The IHC bench conceding to DAG arguments dismissed the petition.
