ISLAMABAD: Shahrukh Jatoi has asked the Supreme Court to review its decision of cancelling his bail and subsequent arrest inside courtroom No. 1 on Feb 1.

On Feb 1, a three-judge Supre­me Court bench headed by the chief justice had set aside the bail earlier granted to him by the Sindh High Court (SHC) for his alleged involvement in the December 2012 tragic murder of 20-year-old Shahzeb Khan in Karachi.

Moved through his counsel Sardar Latif Khosa, the petition seeks review of the Feb 1 order arguing that his case stands eclipsed and was destined to be prejudiced if expunction of remarks, reviewing the directions and modification of the findings by revisiting the judgment was not carried out for the safe administration of justice.

The petition contended that Article 184(3) of the Constitution does not cater for cases emanating in the judicial hierarchy which was regulated by due process of law sanctified as a fundamental right under the Constitution.

The parameters and requirements of Article 184(3) even otherwise were not available, the petition contended recalling the Supreme Court at the very inception of the incident had taken suo motu notice in 2013 because the same was obviously necessitated to streamline the investigation vigilance. But in consequence, the investigation was hurriedly/maliciously completed and the challan was submitted on trumped up 161 CrPC statements before the antiterrorism court.

Such false and fabricated attributions were not supported during the trial and hence ingredients of ATC stood totally demolished, but despite formulation and preliminary hearing the same remains unattended by the apex court, the petition regretted.

The petition argued that Article 184(3) of the Constitution cannot be invoked against a judgment of the Sindh High Court (SHC) when it was akin to Article 199 of the Constitution.

The assumption of jurisdiction under Article 184(3) is contrary to the law laid down earlier by the Supreme Court, the petition said adding the suo motu proceedings were meant as corrective to the investigation and enforcement of law at the inception of the occurrence and terminated upon filing of challan with directions to proceed strictly on merits without being influenced by the proceedings of the suo motu petition.

The unfortunate murder of Shahzeb resulted out of triviality and sudden brawl in the dead of night without the slightest element of creation of terror as none was around the place of occurrence and the legal heirs compromised and the state is bound to facilitate the compromise in terms of earlier judgments and the petitioner is entitled to acquittal, the petitioner argued.

It is a case of extreme hardship when the petitioner at the age of 17 years was arrested in the case, convicted and remained in death cell for five years and despite compromise has been relegated back to jail consequent upon the judgment under review.

In the instant case, the private persons completely strangers to the proceedings have much touted the social status of the accused persons and has thus targeted them as a minority to be punished for the lifelong earnings of their generations.

It is unfortunate that repugnance is observed against businessmen and men of standing. Regardless of the fact that elevation in financial and social status should not be a charge against any persons, the petition argued.

The petitioner being a juvenile was from day one pleading for invocation of the legal right under the juvenile ordinance which provided exclusivity of procedure for trial by juvenile courts and other substantial benefits under the special law. The same was determinable before the SHC.

The legal rights and legitimate hopes of the petitioner have fallen false as the case of the petitioner was flashed in a negative light by the media, the petition regretted adding the Supreme Court should take corrective measures and modes to dilute the effects cast upon the case due to media trials.

The diction of the judgment under review considerably needs to be carefully picked lest it relay a mistaken message, the petition contended.

Published in Dawn, February 21st, 2018

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