Prosecution witness challenges transfer of Jokhio murder trial from ATC to sessions court

A prosecution witness in the Nazim Jokhio murder case has filed an application with the Sindh High Court against the order of an anti-terrorism court (ATC) with regard to shifting of the murder case from the ATC to a sessions court.

The applicant, Mazhar Ali Junejo, friend of the slain Jokhio, submitted in the application that the ATC on May 23 had transferred the case from to a sessions court after observing that the case did not fall within the purview of the anti-terrorism law.

He also submitted in the plea that the main accused, Pakistan Peoples Party MNA Jam Abdul Karim and his brother MPA Jam Owais, being the chiefs of the Jokhio tribe and other community elders had pressurised the complainant and legal heirs of Jokhio into withdrawing from the case as they belonged to the Jokhio community and could not turn down the demand of their tribal elders.

Junejo submitted that he was the last person whom Jokhio had sent his last voice message, which was actually his dying declaration. He mentioned in the petition that Jokhio had categorically stated in his last voice message that if anything bad happened to him, MNA Karim and others would be responsible.

The petitioner submitted that the entire prosecution case, material evidence and statement of the complainant had made it clear that incident did not take place in furtherance of a private dispute or vendetta as the deceased person was illegally confined for the purpose of representing him before foreigners and people of Jirga.

He stated that Jokhio received threats and dire consequences regarding a video posted by him on social media telling people about foreigners hunting houbara bustard in Thatta. He added that the same video was deleted by the accused persons at the Jam house.

He said that after submitting the final charge sheet, the investigation officer of the case had no further authority to re-investigate the case without any due deliberation and recommendation by the board constituted in this regard.

Junejo argued in his petition that the ATC had passed the order for the transfer of the case to the sessions court without appreciating material facts on record. He submitted that the prosecution case and evidence clearly indicated that Jokhio’s murder was a brutal act which meant to spread terror in society and so, the case fell within the ambit of the anti-terrorism law and liable to be tried by an ATC.

The high court was requested to set aside the ATC order with regard to shifting of the case from the ATC to a sessions court and declare that after the submission of the charge sheet, no re-investigation of the offence could be initiated without the due process of the law. He requested the SHC to order trial of the case under the anti-terrorism law.

The police had earlier submitted a charge sheet before the ATC, excluding the names of thirteen accused including MNA Karim and his brother MPA Owais. The investigation officer included the Section 7 of the Anti-Terrorism Act in the case but named only two men, Haider Ali and Mir Ali, as the accused who were to be sent for trial while another accused Niaz Ali was shown as an absconder.

Jokhio’s tortured body was found at the Jam House, said to be owned by MPA Owais, in Jam Goth on November 3, 2021. Jokhio’s brother lodged a case against the MPA, his younger brother MNA Karim and others for being involved in the murder of his 27-year-old brother who was reportedly tortured to death for trying to prevent the lawmaker’s guests from hunting houbara bustard.