Shahzeb murder: Had ordered case hearing in ATC, will review SHC decision, says SC

ISLAMABAD: The Supreme Court adjourned hearing in the Shahzeb Khan murder case until today (Thursday) after counsel representing the petitioners, members of the civil society concluded his arguments.

A three-member bench headed by Chief Justice Mian Saqib Nisar and comprising Justice Asif Saeed Khan Khosa and Justice Maqbool Baqir resumed hearing Wednesday in the petitions, filed by members of civil society against the Sindh High Court ruling which set aside the death penalty for Shahrukh Jatoi and others convicted for the 2012 murder of Shahzeb and ordered their retrial by a sessions court.

On January 13, Chief Justice Mian Saqib Nisar at Karachi Registry had admitted a civil petition regarding the Shahzeb Khan murder case and ordered the placement of all suspects on the ECL while issuing bailable arrest warrants for them.

The chief justice said the apex court can re-visit its decision if it was illegal. He said it remains to be seen if the case pertains to terrorism. The Sindh High Court had set aside the punishments awarded to accused earlier by an anti-terrorism court and had ordered a retrial of the case in a sessions’ court. The defence had argued that the accused was a juvenile at the time of crime. Faisal Siddiqui, counsel for the civil society commenced his arguments and gave the court detailed background of the case. The chief justice asked the counsel as to whether a compromise had been reached between the two parties when the SHC gave its verdict on the case, to which the defence counsel replied in the affirmative. The chief justice further asked as to whether they can interfere in the jurisdiction of high court decision to which the counsel for the petitioner replied in affirmative. The chief justice asked as to whether the main accused persons are present in the courtroom to which Latif Khosa and Farooq Naek stood and asked the accused to come to the rostrum.

Meanwhile, Shahrukh Jatoi and other two accused Sajjad Talpur and Siraj Talpur in the case came in front of the bench. Latif Khosa said another accused Ghulam Murtaza, servant of Jatoi family was still behind the bars.

At this, Justice Asif Saeed Khan Khosa observed that normally in such nature of cases, servants go to jail but nobody from the elders. Justice Khosa observed that there are two issues in this case; one he said what is terrorism and the issue of terrorism in this case is already settled.

Now, Justice Khosa said, the question relates to their jurisdiction. He said that the apex court had ordered hearing the instant case in anti-terrorism court and also ordered submitting the challan in ATC. The court was also informed that Babar Awan was also the counsel for one of the accused persons. However, he was not present in the courtroom at which the chief justice said the counsel should have ensured his presence.

Latif Khosa, counsel for Shah Rukh Jatoi, raised the question of locus standai as well as maintainability of the instant petitions. This prompted the chief Justice to ask Faisal Siddiqui as to whether he can argue on the subject of locus standai and maintainability. The counsel again took the rostrum and argued on the question of locus standai and maintainability.