August 28, 2003	Thursday	Jumadi-us-Sani 29, 142

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PESHAWAR, Aug 27: A two-member bench of the Peshawar High Court on Wednesday reserved its judgment in a writ petition of a high court’s advocate, Sardar Moazzam, challenging his trial by an anti-terrorism court in the murder case of a doctor.

The bench comprising Justice Tariq Pervez and Justice Qazi Ahsanullah Qureshi heard arguments of the petitioner’s counsel Sardar Nasir Aslam Khan whereas advocate Mushtaq Ahmad Tahirkheli represented the complainant’s side.

The accused has been charged with the murder of Dr Farooq of the Ayub Medical College (AMC) on June 16 in Abbotabad.  

An anti-terrorism court had begun the accused’s trial last month following which he filed a petition before the high court, pleading that his case should be shifted to an ordinary court.

The petitioner’s counsel contended that it was not a case of terrorism. He said that it was a simple murder case and had nothing to do with terrorism.

He added that under the Anti-Terrorism Act, 1997, only those cases could be referred to an ATC which created terror in society.

Mr Tahirkheli said the death of Dr Farooq had resulted in widespread violence, which proved that it was a case of sensitive nature and should be tried by an ATC.