Apex court transfers poll candidate murder case to ATC
ISLAMABAD: The Chief Justice of the Supreme Court, Anwar Zaheer Jamali, has remarked that even a single murder committed on the basis of sectarianism would be counted as terrorism. He further remarked if someone had a personal grudge or personal enmity, how could they say that terrorism related clauses should be applied in the case.
Justice Mian Saqib Nisar remarked that any offence committed on personal enmity was not terrorism. Terror clauses could not be applied unless the general public was affected. The judge would have to think while taking up the pen with regard to the anti-terrorism act. If there was no personal grudge and the accused’s motive was to spread terror, it fell in the category of terrorism. When the accused confessed that he committed a murder on the basis of personal enmity, the case would be tried in a trial court rather than in the anti-terrorism court.
These remarks were made by the apex court judges while transferring the murder case of Asif Ashraf, a former PML-N candidate for provincial assembly in 2008 general elections to the Anti-Terrorism Court (ATC) with the direction to dispose it of within the shortest time.
A five-member larger bench of the apex court, headed by Chief Justice Anwar Zaheer Jamali, while admitting the appeal filed by Kashif Ali, a relative of the deceased Asif Ashraf, set aside the judgment delivered by the Lahore High Court (LHC) transferring the case from the ATC to an ordinary court.
The court set aside the LHC judgment and transferred the case to the ATC. The court directed the ATC to expedite and ensure its disposal within the shortest time.On February 17, 2008, four people, including Asif Ashraf, were gunned down in Lahore. According to reports, the gunmen opened fire on the vehicle of Asif Ashraf when he was visiting his constituency in Lahore.
Kashif Ali lodged an FIR No148/2008 under sections 302, 324, 34 PPC and 7ATA, 1997 at the Police Station Township, Lahore. Investigation was conducted and on the submission of challan, learned Special Judge, ATA, took cognizance of the case. The charge was framed and statements of five prosecution witnesses were recorded.
In the appeal filed in the Supreme Court, Kashif Ali submitted that the accused Tariq Hakim had filed an application for the transfer of the case. However, he said that the judge, Anti-Terrorism Court, Lahore, dismissed the application of the accused on July 13, 2010.
Later, he said that the accused filed a constitutional petition before the learned Lahore High Court which was allowed vide judgment dated August 16, 2010, directing transfer of the case from a special court for trial to an ordinary court.
Kashif Ali in his appeal contended that indiscriminate firing at a public place on the polling day in general elections was carried out, which resulted in the murder of four persons, including his brother Asif Ashraf, a contesting candidate to a provincial assembly. He said that the offence under Section 7 of the Anti-Terrorism Act (ATA) was clearly made out.
The petitioner had contended in the appeal that the cumulative fallout of the occurrence was to terrorise the general public and the intention of assailants could be judged from their act, selection of time and place of occurrence, adding that it created a sense of fear in the society. He contended that the learned high court fell in error in placing sole reliance on the judgment rendered in the Bashir Case as it was not in line with the array of authorities on the subject.On Monday, Chaudhry Aitzaz Ahsan appeared before the court representing the accused Tariq Hakim while Sardar Muhammad Aslam represented the petitioner Kashif Ali, the brother of deceased Asif Ashraf.
