KARACHI: SC remands back Zuhair case to trial court
KARACHI, June 26: The Supreme Court of Pakistan’s bench at Karachi remanded back Zuhair Akram Nadeem murder case to trial court for recording statement of accused under section 342 CrPC which was legally required during proceedings of case in the court.
A three-member bench, comprising Justice Munir A. Shaikh, Justice Qazi Mohammad Farooq and Justice Abdul Hameed Dogar, was hearing appeal against the judgement of Sindh High Court order passed on July 1, 1999.
Petitioners Mohammad Dilawar Khan, Aslam Ali and Mohammad Jahangir were awarded death sentence by Sessions Judge for Anti-Terrorism, Karachi, under section 302/ 34 PPC.
Earlier, the same case was tried by Military Court under section 7 of Anti-Terrorism Act, 1997 and section 303 and transferred to ATC to announce judgment.
However, the Supreme Court bench observed in its order “in this case we find that after transfer of the case, the ATC proceeded to pronounce judgment on the basis of the evidence already recorded by the Military Court.
The bench accepted the appeal and set aside judgment of July 1, 1999 of SHC and April 30, 1999, of the trial court and remanded the case to trial court to proceed from stage of recording of statements of appellants under section 342 CrPC and decide afresh on merits in accordance with law.—PPI
