Zain murder case: Complainant retracts statement

Imran Gabol Published August 15, 2015

LAHORE: The prime complainant in the Zain murder case retracted his earlier recorded statement before an anti-terrorism (ATC) court on Saturday.

Sohail Afzal, uncle of 16-year-old orphan Zain, who was shot dead by Mustafa Kanju earlier in April, retracted his earlier signed statement which he had submitted to police.

"I was in hospital at the time, and the police took my signature on a blank piece of paper," said Afzal before the presiding judge of ATC.

Read: Zain murder case: Kanju indicted on murder charges

Referring to Mustafa Kanju, Afzal said, "I do not know these people and have not seen them before."

Afzal also said that he did not register the First Information Report (FIR) for the incident and refused to identify Mustafa Kanju, the key accused in the case.

The prosecution on the other hand, has submitted an appeal in Lahore High Court (LHC) asking for the court to be changed. There will be a hearing in LHC regarding the appeal on September 21.

Earlier in June, the ATC had indicted Mustafa Kanju and six others accused in the murder case of Zain.

Mustafa Kanju, son of former minister of foreign affairs Siddique Kanju, had confessed to firing the fatal shots that ended Zain's life. He had said that Zain was not the target of the fire, nor did he intend to kill Zain or anyone else.

Kanju was earlier sent on a judicial remand to allow the police to collect evidence pertaining to the investigation in order to frame charges against Kanju.

He was arrested after a case was registered against him under Section 7-ATA and Section 302 of the Pakistan Penal Code (PPC).

Enraged after his luxury car accidentally hit the vehicle of a woman in Cavalry Ground area of Punjab's provincial capital city on April 1 Kanju had resorted to gunfire. Zain was hit and died on the spot and Husnain was critically injured after they were hit by gunfire.

Chief Minister Shahbaz Sharif had taken notice of the incident, ordered the arrest of the suspect and announced Rs0.5m for the family of the deceased. He also assured them of the provision of justice.

Pakistan

Imran Gabol is a Lahore-based reporter for Dawn with over a decade of experience in journalism. He covers politics, climate change, human rights, education, and metropolitan affairs. He can be found on X at @gabolizm.

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MJK

Aug 15, 2015 05:16pm

Name one high profile case where accused was found guilty and sentenced ? Whether this man filed FIR or not, Zain is dead, he was killed by a bullet not by a sling shot.

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Dr. Sadaf

Aug 15, 2015 05:22pm

Yesterday we were celebrating 14th August and today we get this news, I do not want to think like this but are we free. Once again people with might have won, according to a Forbes report Pakistan will be an economic giant in 10 years, I cannot believe this report even if I want to because if this sort of mindset prevails in a society how can you progress psychologically and economically.

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shuaib

Aug 15, 2015 05:24pm

God forbid, what I will do when in shoes of Sohail Afzal.... While it is quite easy to use key board in the comfort of a chilled room to write that Sohail should stand but real life is very cruel. Can State take action in these cases, I really don't know

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Mansoor

Aug 15, 2015 05:25pm

The crime has to be against state, which according to my social contract is responsible for my safety. The murderer who has confessed would be given a licence to kill again as the aggrieved family withdraws its case within 3 months.

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M Jamal

Aug 15, 2015 05:27pm

Same old story where the law of the land could not be applied on influential murders and powerful criminals as being practised in the days of pre Islam.

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irshad

Aug 15, 2015 05:29pm

Expected out come!!! Common/ordinary citizen of Pakistan can't stand/sustain pressure, against the rich political elites of pakistan!!!! By hook or crock,they have to bow down....

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Abp

Aug 15, 2015 05:32pm

Shocking! This is the result of our obsolete legal system. You can kill someone and will be excused as long as you are rich.

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Yaqoob

Aug 15, 2015 05:38pm

State should never let these things happen

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SOS

Aug 15, 2015 05:40pm

How much? Everything has a price tag in Pakistan as long as you have the money and power you can do as you please, there is no law, none whatsoever, sad to see!!!

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razi

Aug 15, 2015 05:41pm

God is watching, remember...and He shall make you repay your sins for sure!! Why does man forget or ignore that simple fact?

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Aug 15, 2015 05:48pm

No justice

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Ishrat salim

Aug 15, 2015 05:53pm

@Abp it is not the case of legal system, but it is a matter between 2 parties, one of which may have been threathened or offered out of court settlement with huge compensation. However, if the state is not satisfied, they may request the court to reject it and accept police report, here again, it is our corrupt police and of our obselte judicial system, which need updation if our lawmakers have the will to make it happen.

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Sher khan

Aug 15, 2015 05:57pm

Surprise suprise

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ayub

Aug 15, 2015 06:03pm

This is travesty of justice.

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Jfmunir

Aug 15, 2015 06:06pm

Shows how much powerful these people are.They will always be spared from any crime they committ because they are powerful and rich.Lets see what happens now.

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Omar

Aug 15, 2015 06:10pm

Nothing should matter prime suspect admitted of firing. His acknowledgement should be enough evidence.

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Ghulam Rasool

Aug 15, 2015 06:24pm

justice delayed is justice denied

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AtifM

Aug 15, 2015 06:24pm

Wonder why parliament chose the army courts. Even the judge knows for sure he has done it. In cases like these the state should fight the case. Where are the big shot lawyers now when you cant provide justice but fight army courts

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Khawar

Aug 15, 2015 06:28pm

Life as usual. It stinks but that what Pakistani society is all about. You can easily get away by threatening and paying money.

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Zubaida khan

Aug 15, 2015 06:36pm

Why is there a need for a complainer on a murder case to file an FiR? This is not the Raj anymore. What if there is no one left to complain? The is the complainer and should pursue the case, otherwise none of are safe.

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Zubaida khan

Aug 15, 2015 06:37pm

@MJK Zulfiqar Ali Bhutto was found guilty of murder and hanged. That's high profile.

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sami

Aug 15, 2015 06:52pm

I think the law of the land should be changed where such crimes are considered as crimes against the state or the people of Pakistan as it is so in many advanced countries.

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Shahid

Aug 15, 2015 07:00pm

This is what power and money can get you in Pakistan

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imad

Aug 15, 2015 07:00pm

Blind justice.

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Shaheen Changezi

Aug 15, 2015 07:42pm

@shuaib ; I remember, famous Jessica Lal case, who was shot dead by a politician's son. And the main eye-witness, a lady didn't retract her statement despite all types of pressures and temptation. A Bollywood movie "Who killed Jassica" was also based on this incidence.

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Tahir A

Aug 15, 2015 08:22pm

The uncle of the deceased victim must have been lured into accepting a sum of money for keeping quiet, otherwise his own life would be at risk.

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Mian

Aug 15, 2015 08:43pm

@Sher khan it is not a surprise in Pakistan .it was expected.

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MN Tariq

Aug 15, 2015 09:17pm

It is how our rotten criminal justice system works!!! The complainant is coerced to retract his statement and the witnesses are either forced to retreat or they are killed. And in this state of affairs, the state looks as a lame duck.... If the system cannot ensure justice, then it is high time to scrap the entire criminal justice system. A word of snub for those who were lamenting upon the upholding of Military courts in the country.

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Kaabir

Aug 15, 2015 09:29pm

@Shahid So who said Pakistan Zindabad!

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Muhammad Usman

Aug 15, 2015 09:46pm

Lost hope in Pakistani justice systme

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Muhammed ali

Aug 15, 2015 10:46pm

Justice in Pakistan.....well we can all dream.

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Cyrus

Aug 15, 2015 10:54pm

@SOS ... There is a law. The weak fear the arrogant.

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Cyrus

Aug 15, 2015 10:56pm

@razi .... You don't know that. You just want to believe it.

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Cyrus

Aug 15, 2015 11:06pm

@sami .... Excellent point of law.

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Adil Jadoon

Aug 15, 2015 11:10pm

Shame on all those involved particularly the uncle of the slain child. This man is s villain as no decent person pulls out a gun and starts shooting like that. He must be punished.

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Dr Saad

Aug 16, 2015 12:13am

Mockery of justice. So unfortunate

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Farouk

Aug 16, 2015 12:41am

You will see child abuse case will be No Case!

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Parvez

Aug 16, 2015 12:53am

Mockery of justice.....again and again and again....

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Muhammed Asim Rao

Aug 16, 2015 02:23am

it is a very sad news that the real uncle of the deceased is refusing to pursue the case and even refused that he logged a FIR. In my opinion it seems that he is under acute pressure to withdraw the case. In the end this murderer would come out and walk on the streets - this time even more proud of his "Achievements"

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Ajamal

Aug 16, 2015 06:25am

Why the complaint of the uncle is important for the case? There are so many witnesses to the scene.

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A Khan

Aug 16, 2015 07:14am

Perhaps, children of the greedy but needy parents are on sale. It's not the only case. Someone from the grieved family has benefitted.

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rizwan khan

Aug 16, 2015 09:35am

I lament the fact that the justice system in Pakistan is three hundred years old . Even the system left in place by the British was far superior. No amount of development of roads / infrastructure can replace this

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Atif Khan

Aug 16, 2015 11:14am

If he is to be set free, it should still be through the judicial system accepting "his blood-money deal". If the witness is conspiring with Kanju by quitely accepting money while bypassing the judicial system, then the witness should be jailed for purjury/conspiracy

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PHILOSOPHER (from Japan)

Aug 16, 2015 12:26pm

...the elites won again.

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Istaburg

Aug 16, 2015 01:02pm

What a sham this is .... another case of influentials getting away with murder. Until we cannot guarantee justice , we shall never progress as a nation. Sooner or later some vigilantes will start dispensing justice ... when people can't get it fro the State..... fear that day dear government !!

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