KARACHI: Plea for case transfer dismissed: Lawyer’s killing
KARACHI, June 3: A division bench of the Sindh High Court, comprising Justice Anwar Zaheer Jamali and Justice Mujeebullah Siddiqui, on Tuesday dismissed a criminal revision application filed by the accused in the case of the murder of a lawyer inside a courtroom.
Qamar Ahmed Shaikh, counsel for the applicants Bahram Khan and Pir Bux, moved the Anti Terrorism Appellate (ATA) bench of the SHC against an order of ATC III which dismissed an application moved by the accused seeking transfer of the case and trial to an ordinary sessions court under ordinary laws.
The counsel maintained that the incident occurred due to a sudden provocation and was not pre-planned. The counsel further maintained that no terror was spread and that only one person was killed in the alleged incident. The counsel, relying on section 6 of the ATA 1997, submitted that ingredients of section 6 of the ATA were not attracted, and thus the trial be transferred from the ATC to a sessions court. The bench, after hearing the state counsel, dismissed the application.
According to the prosecution, the accused Bahram Khan, on 15-4-200, entered the courtroom of Justice Zawwar Hussain Jaffery hearing bail application of Pir Matook, a claimant of the Lowari Sharif Shrine. The accused Bahram, in his confessional statement, also submitted that he had enmity with Pir Matooq and, to avenge the killing of his men, tried to kill Pir Matooq, but instead gunned down the deceased.
Bahram was fleeing with his accomplice Pir Bux, a police official, when they were overpowered by the security staff of the SHC.
The FIR was then registered at the Artillery Maidan police station on a complaint filed by Muhammed Aslam Samoo, a senior advocate. The case was sent up for trial before the ATC III. The accused challenged the jurisdiction of the ATC court to try the case, by moving an application which was rejected. The accused then moved the ATA bench of the SHC which dismissed the plea today.
Another bench of the SHC, comprising Justice Sabihuddin Ahmed and Justice S. Ali Aslam Jafri, put off the hearing of more than a dozen identical petitions filed by the affectees of the Lyari Expressway project till Wednesday, as the advocate general Sindh sought adjournment on health grounds. He is likely to submit the final arguments on Wednesday.—APP
