LAHORE: The Lahore High Court decided a legal point that reconcilliation in offences under the Anti-Terrorism Act is not allowed among the parties.
A division bench headed by Justice Abdul Sami Khan decided the point surfaced during the arguments on an appeal filed by prosecution department challenging acquittal of PML-N MNA Abid Raza in a murder case of six persons, including two police constables.
Previously, the LHC had sought arguments from Punjab prosecution department on a point whether a suspect charged under anti-terrorism law could be acquitted following reconcilliation with complainant.
On Thursday, the counsel of the accused argued that their clients were awarded death sentence under Section 7 of Anti-Terrorism Act despite that the section does not apply to the scene where the crime took place. They contended that both parties had also reached reconcilliation among them. Therefore, the appeals may kindly be accepted, they pleaded.
A prosecutor opposed their arguments saying that prosecution did not file appeal against reconcilliation of the parties when it occurred first time in 2003 which meant that the prosecution had accepted the decision. If the Lahore High Court wanted to implement the amended law of terrorism it would be appropriate that the matter be sent to the trial court and it be held afresh, said the prosecutor.
After hearing both sides, the bench observed that ATA does not permit reconcilliation among the parties and the matter should be decided on merit.
At this, the counsels of the accused said it was the matter of life and death of people and, therefore, there should be no hurry in deciding the matter. The counsels pleaded the court for some time to prepare the case. The court accepted their plea and adjourned hearing until December 13.
Abid Raza was elected to the assembly from NA-207, Gujranwala in 2013 elections on the ticket of the PML-N. An anti-terrorism court of Gujranwala had awarded Abid Raza and six others death sentence in 2001 for killing two police constables and others.
Later, he was acquitted following reconcilliation with the families of the victims. The Supreme Court had taken suo motu notice of the acquittal during an election matter pertained to eligibility of
Abid Raza and revoked the acquittal of the suspects. The apex court had referred the matter to the high court with direction to decide the issue of acquittal afresh.
The prosecution in its appeal argued that offences under the Anti-Terrorism Act are non-compoundable and the suspect cannot secure his acquittal on the basis of reconcilliation. The Supreme Court had also endorsed this view in a number of judgments, it pleaded.
