PESHAWAR: A Peshawar High Court bench on Tuesday directed the district judge of Mardan to inspect the local prison and ascertain whether the prison is suitable for the trial of the suspects in the Mashal Khan lynching case by an anti-terrorism court.

Chief Justice Yahya Afridi and Justice Abdul Shakoor fixed July 20 for the next hearing into a petition filed by Mashal’s father, Iqbal Khan, who has requested the court to shift the trial from Mardan anti-terrorism court to Haripur or any other district and to hold the trial inside a prison.

The bench directed Mardan’s district judge to inspect the local prison and produce a report before the next hearing.

It also asked the provincial advocate general to inform whether Haripur central prison was suitable for the trial in the case.

Also asks AG to inform if Haripur prison suitable for trial

The advocate general, who had met the home secretary on the court’s orders, said he had earlier produced a report on the matter on behalf of the provincial government.

He said the government had no objection over shifting trial of the case to any other district.

The AG said while the government believed that Haripur prison was suitable for trial in the case, it considered Peshawar prison not suitable for the purpose.

He said whichever order was made by the high court, the government would comply with it and ensure foolproof measures for the trial.

The petition is filed by Iqbal Khan under Section 28 of the Anti-Terrorism Act, 1997, which empowers the court to transfer a case from one ATC to another if it is in the interest of justice.

Mashal, a 23-year-old student of the Abdul Wali Khan University, Mardan, was lynched by a mob, consisting of students, staff members and outsiders, on campus on Apr 13 over the alleged blasphemy.

The petitioner said the open trial in a matter of a very sensitive nature was not possible and therefore, trial should be conducted inside the jail to protect witnesses, lawyers and judges from any harm.

He said a number of accused, witnesses and lawyers were involved in the case and therefore, the trial won’t conclude in many months.

The petitioner added that the trial in Mardan would create a ‘serious situation’ pressuring both witnesses and him into making a compromise and forcing the prosecution witnesses into changing their statements.

Advocate Abdul Lateef Afridi appeared for the petitioner, whereas advocates Yousaf Shah, Akber Ali Shah, Enayat Bacha appeared for several of the accused persons. They opposed the petitioner’s plea.

The lawyers for the accused contended that shifting trial of the case to Haripur would create multiple problems as the counsels would then travel for over four hours on very hearing.

They said the accused were in large number and they would have to be shifted to Haripur prison and their relatives have also to visit that district to meet them and to attend proceedings.

The lawyers said Mardan prison was a high security prison and suitable for conducting trial there.

Published in Dawn, July 12th, 2017