ISLAMABAD: The Supreme Court on Friday issued bailable arrest warrants of three persons, who were involved in the killing of seven persons in 2001.
A three-member bench of the apex court headed by Chief Justice Anwar Zaheer Jamali heard the case pertaining to election matter of PML-N MNA Abid Raza, elected from NA-107 Gujrat.
During the course of hearing, the court was informed that three other persons, Ghulam Rasool, Muhammad Ghazanfar and Najeebullah Khan, were also convicted by the ATC along with the PML-N MNA Abid Raza, but the Lahore High Court had acquitted them.
The petitioner’s counsel Sardar Razik said there is no acquittal under section 7 of ATA 1997, adding only the quantum of sentence could be reduced.He referred the judgments of the apex court which also state that there is no compromise under the terrorism law.
Prosecution General Punjab Ihtesham supported the acquittal of PML-N MNA. He said the high court had acquitted him as the deceased heirs and the accused entered into a compromise. He said after the verdict of the high court this case is past and closed transaction.
The Chief Justice however, observed that they have to see whether this is past and closed transaction or not? He said the scope of the Supreme Court is wider than the high court and in the interest of the justice could pass any order.
The chief justice further said that the courts in the ‘fasad fil Arz’ cases have to examine whether the convict could be acquitted on the basis of compromise hence the court has to apply its mind.
Justice Ameer Hani Muslim observed that the high court has not seen that the 7 ATA is non-compoundable offence.Munir Bhatti appearing on behalf of Abid Raza contended that there is nothing in the book (PPC) that this is not compoundable. He apprised the court that there were three other persons who were convicted by the trial court but the high court had acquitted them on the basis of compromise.
The chief justice said then they will issue warrant of the three accused. He also said this case has come in the knowledge of the apex court during an election petition against the accused, adding they could not keep their eyes shut in this matter.Meanwhile, the court issued bailable warrants of three persons and adjourned the case till second week of January, 2016.
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