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Correction: An earlier version of this story erroneously stated that the Sindh High Court had overturned the death sentence of Faisal Mota and ordered a retrial by the lower courts. In fact, the court on August 16 announced a date for further hearing. The error is deeply regretted.
The Sindh High Court (SHC) on Wednesday set September 21 as the date for rehearing of the appeal filed by Faisal Mehmood, alias Mota — the primary accused in the Wali Khan Babar murder case — against the death sentence awarded to him by an antiterrorism court.
The Larkana bench of the SHC had earlier reserved judgement on the appeal filed by Faisal Mota, who was awarded a death sentence in absentia, by an anti-terrorism court (ATC) in Kandhkot in March 2014 for masterminding the 2011 murder of television journalist Wali Babar in Karachi.
Mota, said to be a worker of the Muttahida Qaumi Movement (MQM), was later arrested and detained in March 2015 in Karachi after Rangers conducted a raid at the MQM headquarters.
Mota's counsel Advocate Aamir Masoob Qureshi in April 2015 had submitted in SHC that Mota's death sentence should be declared illegal since it was awarded in absentia. According to Articles 21-L and 31-A of the Anti Terrorism Act 1997, a death sentence cannot be awarded in absentia, Qureshi had argued.
The advocate had also said that when a punishment is awarded in absentia, the convict must refer to the trial court according to Article 19(12). However, his client was unable to refer to the ATC in Kandhkot because the records of the case were at the SHC.
He had, therefore, requested the court to dismiss Mota's death penalty and send the case for a retrial.
Read: Judgment in Wali Babar case
On January 13, 2011, GeoNews journalist Wali Khan Babar was going home from his office when he was shot dead in Liaquatabad, Karachi. Shocked by the murder, journalists across the country had protested and mourned his death, demanding the arrest and trial of the culprits.
Syed Mohammad Ali Rizvi, Shahrukh alias Mani, Naveed alias Polka and Shakil alias Malik had also been indicted for the murder.
Murders linked to Wali Babar case
Two policemen, a police officer’s brother and an informer linked to the investigation into Babar’s murder had been methodically targeted after investigation in the case began.
Rajab Ali Bengali, a police informer, is stated to be the first victim, whose body was found in a sack on Jan 29, 2011, in Gulshan-i-Iqbal.
The second victim was Constable Asif Rafiq who was killed in a drive-by shooting by two men on a motorcycle on Jan 31, 2011. He had identified the vehicle the attackers had used. He was at the spot at the time of the murder and had noted down its registration number.
Head Constable Arshad Kundi is believed to be the third victim linked to the investigation. He was killed in a drive-by-shooting on March 19, 2011, in Sohrab Goth.
On April 7, 2011, a brother of the SHO of Super Market police station, Shafiq Tanoli, was shot dead. Tanoli told reporters that his brother, Naveed Khan, had been killed to pressurise him.
Comments (16) Closed
Justice prevailing in true spirit
@Aamir Raz .... Of course, the victim of the crime need to arrange for a eyewitness before he is being hunted. This will be the only way to facilitate the verdict in our judicial system...
Very good decision by SHC. MQM must be very disappointed and they wanted to see Faisal Mota dead, as they wanted to see Saulat Mirza dead. Unfortunately Mirza didnt get a chance to expose everything about MQM. We hope with a new trial of Faisal Mota, we will get to know all the facts and actual perpetrators behind thousands of killings in Karachi. Yes, the pawns need to be pit behind bars too but the actual masterminds (those in assemblies, in Pakistan or in UK or elsewhere) need to be brought to justice as well.
@Khan Lala you are telling this because decision is in favour of mqm, otherwise not.
The law has been molded in such a shape that only poor or insane can be grilled.
A conflict of decision between ATC and SHC.Interesting
@Khan Lala obviously you can't seem to get your stories straight...lies cause confusion, truth doesn't.
@Viking Star "we will get to know all the facts and actual perpetrators behind thousands of killings in Karachi" You have already decided that all killings were and are being committed by MQM without any investigations, proof and trials this attitude in fact has emboldened / encouraged the real culprits / criminals to play havoc with Karachiites as they know that eventually all blames will be given to MQM. Please go through the records of all more than 100 police stations of Karachi and you will get to know that 99% heinous crimes i.e. murders, robberies, Bank dacoity, car snatching, sectarian killings, terrorists acts etc are committed by the people who do not belong to Karachi or permanent residents of Karachi
it is true the proper law did follow while hearing the case of killer of slain journalist by trail court of interior sindh but it is matter of great concern that all the persons who identified the killers and provided help to trace them out face the same fate as like slain wali. now case for retrial has been ordered by honorable sindh high court but the honorable court also ask from the police about any headway for arrest of killer of others. it was act of comrades of a political party having strong influence in urban belt of sindh. Every one is well aware that workers of said party are dangerous but all seems silent on this even the police officers who had taken part in the operation started in past were killed now no one seems serious in the arrest of the killers of the comrade of the said party. It is salute to the courage of rangers jawan who ensured the arrest of killer of slain journalist. there is lengthy process at our courts which cause despair for the complainant party.
It is not easy in Pakistan to represent middle class and winning seats in NA, PA and Senate because our national culture does not allow such things we can accept a corrupt land lord or industrialist as our representative but not a middle class competent person
@Viking Star : powers that be, have sort of forgiven MQM and its criminally sinful conduct of last 3 decades and have given them a new role and script. (MQM with all its factions) have accepted the new role and script. Hence you wont see much reaction from Farooq Sattar and Co. It will be treated as bau - business as usual
@muhammad - there is a difference between a group of middle class men and a gang. Middle class people are welcome but an ethnic group who takes economic hub city as hostage and sometimes abuses national identity should be banned for life.
It is very unfortunate that entire police and security people posted in Karachi are non Karachites.Please make a random survey and you can find the facts.So all criminal activities in Karachi point fingers to those responsible for security.
Good coment
very good decision
This is something very strange practice in Pakistan. The alleged criminals are proected by the police even hiding their faces and the witnesses are displayed publicly exposing their identity leaving them at the mercy of the criminal elements. This is totally 180 degree practice in Pakistan as compared to any other country. Media and the law enforcing agencies and law makers should think about fixing this.