KARACHI: Shahrukh Jatoi and three others convicted of killing young Shahzeb Khan must wait for at least a month to learn if they could be acquitted after being pardoned by the victim’s family, as the Sindh High Court directed the trial court on Tuesday to verify the genuineness of a “compromise” reached between the two parties within three months.
A two-judge bench headed by Justice Muhammad Ali Mazhar was seized with the appeals of Shahrukh Jatoi, his friend Nawab Siraj Ali Talpur and two others against their conviction by an anti-terrorism court in the Shahzeb murder case.
While their appeals were still pending disposal, the parents and two sisters of the victim had approached the SHC to seek their acquittal after pardoning them “in the name of Allah”.
The four appellants also filed applications along with a proforma for effecting a compromise, which was duly signed by them and the victim’s legal heirs.
Earlier on Monday, the court heard the applications and questioned as to whether the compromise might be effected in the convictions handed down by an ATC.
Also read: Family pardons four convicts in Shahzeb murder case
The court adjourned the hearing for a day after appellants’ counsel, Advocate Rasheed A. Razvi, sought time to satisfy the court on the matter.
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Photo of victim Shahzeb Khan.—File photo |
On Tuesday, Advocate Razvi referred to a reported case (PLD 2014 SC 383) and submitted that capital punishment was announced in the case under Section 302 (premeditated murder) as well as Section 7 of the Anti-Terrorism Act, but the compromise was accepted by the Supreme Court and the death sentences under the ATA’s section was converted into life imprisonment.
The bench ordered: “Let the matter be referred to the learned trial court for holding inquiry and submit the report within three weeks regarding the genuineness of the compromise, thereafter, the matter will be decided by this Court.”
Shahrukh Jatoi and his friend Nawab Siraj Ali Talpur were on June 7, 2013 sentenced to death and two other co-accused got life imprisonment for shooting 20-year-old Shahzeb, son of DSP Aurangzeb Khan, to death on Dec 25, 2012 near his house in the Defence Housing Authority.
Then Chief Justice of Pakistan Iftikhar Muhammad Chaudhry had also taken suo motu notice of the incident that had sparked widespread outrage across the country through newspapers, TV channels and social media.
After the murder, hundreds of people had gathered outside the Karachi Press Club and requested the CJP to take notice of the police failure to arrest the killers.Later in a speedy trial, Judge Ghulam Mustafa Memon of the ATC-3 sentenced Shahrukh Jatoi and Siraj Talpur to capital punishment and Sajjad Talpur and Ghulam Murtaza Lashari, the Talpurs’ servant, to life imprisonment.
Advocate Mehmood Alam Rizvi filed an application on behalf of the family members of the victim in the SHC asking the court to allow the convicts and the legal heirs of the victim to settle the matter out of court as they pardoned them in the name of Allah, waiving the right to Qisas and Diyat (compensation).
The victim’s family members — his father Aurangzeb Khan, mother Ambreen and sisters Pareshay and Maha — filed their affidavits to the effect.
In his affidavit, DSP Aurangzeb said that he and other family members had pardoned the convicts without any pressure, coercion or interest but in the name of Allah.
Related: Pardon for Shahzeb killers triggers debate
The victim family members stated in their respective affidavits that they had no objection if the court acquitted the convicts.
According to the prosecution, Shahzeb had an altercation with the accused persons since they tried to tease his sister and later the issue was settled by some elders, but they killed the victim by opening fire on his vehicle.
Initially, the case (FIR 591/12) was registered under Sections 302 (premeditated murder), 109 (abetment) and 34 (common intention) of the Pakistan Penal Code on a complaint of the deceased’s father.
However, during investigation, Section 354 (assault or criminal force to woman with intent to outrage her modestly) of the PPC and Section 7 of the ATA were incorporated in the FIR.
The unfortunate episode started with the misbehaviour of accused Lashari with the victim’s sister. She stated in the trial court that Lashari hurled indecent remarks at her when she was to enter her 11th-floor apartment upon her return from a wedding.
The teenage girl deposed that she immediately phoned her mother complaining about the misbehaviour of the Talpurs’ servant.
The girl’s mother stated in her deposition in court that she immediately sent her son home as his sister was in trouble.
The victim returned and had an altercation with the Talpurs’ servant and this later led to a quarrel between him and the accused persons.
The victim’s mother tried to pacify the situation and directed her son to tender an apology to the accused persons.
The victim did what his mother asked him to do, but the accused person did not accept the apology saying that they would be satisfied only if accused Lashari, who was employed as a cook by the Talpurs only two days before the incident, was allowed to slap the victim.
The victim’s mother directed her son to leave the place and immediately after his departure accused Jatoi took out his pistol and declared that he would eliminate Shahzeb. Then the four accused also departed and the victims’ parents went to the apartment of the two accused Talpurs’ father, Nawab Imdad Ali Taplur, to ease the situation.
However, the accused persons intercepted the victim at Khayaban-i-Bahria and shot him dead. Two friends of the victim, Muhammad Shah and Muhammad Ahmed Zuberi, who had also chased the accused persons, witnessed the incident and deposed in court accordingly. The two friends stated in court that Shahzeb rolled over and rested on a side after he was fired upon and later accused Sajjad Talpur and Lashari went to the victim’s car and instigated accused Jatoi to kill the victim as he was still alive. Jatoi pumped more bullets then.
Published in Dawn, July 2nd, 2014