December 28, 2002	Saturday	Shawwal 23, 1423

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PESHAWAR, Dec 27: Due to concessions given to the juvenile offenders under the Juvenile Justice System Ordinance, 2000, some people have been trying to misuse its provisions.

Local lawyers claimed that in various cases, specially of murders, the accused try to prove themselves as juvenile offenders. Under the ordinance, death penalty could not be awarded to a juvenile and he or she has to be kept separate from adult offenders in a borstal institution.

In one of the cases, the high court had issued order for transferring the case of a person accused of murder to a juvenile court. However, after medical examination of the accused it was revealed that he was 24.

The accused happens to be son of a senior advocate of Swabi district. The accused, Danish, was charged in the murder of one Ashfaque on Feb 26, 2000, at Kalu Khan, Swabi. The motive behind the murder was a petty issue of grazing of the deceased’s cattle in the fields of the accused.

The accused managed to escape from the scene. Later on, he surrendered before the police on June 26, 2002.

The complainant party tried to get the case transferred to some other district, claiming that no lawyer was willing to appear on their behalf in Swabi as the father of the accused was an influential advocate of Swabi. Finally, on the orders of the Peshawar High Court the case was transferred to the court of additional district and sessions judge, Nowshera, Amanullah Salik.

An application was filed before the high court on behalf of the accused, claiming that he was below 18 years and his case be transferred to a juvenile court. In the NWFP, only the district and sessions judges are empowered to deal with cases of juveniles.

The high court transferred the case to the juvenile court on Oct 21, 2002. After medical examination of the accused it was found that he was not a juvenile but 24 years old.