ISLAMABAD: Chief Justice Anwar Zaheer Jamali of the Supreme Court took notice on Friday of the acquittal by an anti-terrorism court (ATC) in Lahore of five murder accused, including former minister of state Siddique Kanju’s son Mustafa, and summoned the complete case record.

Mustafa Kanju and his four guards had allegedly opened fire on a vehicle near Cavalry Ground on April 1, killing Zain, a 16-year-old orphan, and injuring a passerby.

The accused were acquitted of all charges on Wednesday by ATC-I’s Presiding Judge Muhammad Qasim because of lack of evidence, although the trial court had indicted them for killing Zain and injuring Husain, 18.

“Record of the case in sealed envelope be produced before Chief Justice Anwar Zaheer Jamali for his perusal,” said an order issued after he took the first suo motu notice since assuming the office on Sept 9.

The ATC ordered release of the accused who had filed an application under Section 265-K of the Criminal Procedure Code because the complainant in the case and all prosecution witnesses did not testify against them.

According to reports, Mustafa’s car hit a vehicle driven by a woman who was not identified by the investigators since she drove away from the scene. He opened fire and Zain and Husain were hit by bullets. Zain died in a hospital. Mustafa escaped but was later arrested in Khushab.

Gulberg police lodged an FIR against the suspects under Section 7 of the Anti-terrorism Act and Section 302 of Pakistan Penal Code. The prosecution, according to reports, had also filed a petition before the Lahore High Court to transfer the trial, expressing distrust in the ATC judge.

Published in Dawn, October 31st, 2015

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