A local court in Karachi referred on Tuesday the Nazim Jokhio murder case to the anti-terrorism court (ATC) for the initiation of a trial against two PPP lawmakers and their servants nominated in the case challan under the anti-terror law.
Nazim, 27, was found tortured to death at PPP MPA Jam Awais' farmhouse in the outskirts of Karachi’s Malir on November 3 last year. His relatives have accused Awais, his brother, PPP MNA Jam Abdul Karim, and their henchmen of torturing Nazim to death for resisting houbara bustard hunting by the lawmakers' Arab guests and filming them while hunting in the victim's village on the outskirts of Malir.
In the final charge sheet submitted to the court under section 173 of the Code of Criminal Procedure (CrPC) last month, investigating officer (IO) Inspector Siraj Lashari had nominated nine suspects. Five of the nominated suspects, namely MPA Jam Awais, Hyder Ali, Meer Ali, Muhammad Mairaj and Jamal Ahmed alias Jamal Wahid are in detention and the remaining four suspects, MNA Jam Abdul Karim, Niaz Salar, Atta Muhammad and Zahid have been declared absconders.
The IO has nominated them under charges of committing premeditated murder, attempting to destroy the evidence and intimidating the victim’s family.
He has, however, removed the kidnapping and abetment charges from the final challan. He has also discharged the names of six persons, namely Abdul Razzaque, Muhammad Khan, Muhammad Saleem, Muhammad Doda alias Dada, Muhammad Soomar, Ahmed Khan, from the final challan, maintaining that no evidence has been found against them.
On Tuesday, Judicial Magistrate (Malir) Altaf Hussain Tunio announced the verdict, which was reserved at the last hearing, on the framing of charges against the nominated suspects and refused to accept the final charge sheet.
The magistrate stated in his written order that “after discussion, it was held that the matter was one of the natures, which fell within the definition of terrorism and thus the [incumbent] court had no jurisdiction to try and decide the matter.”
“Hence, the matter is fit to be triable by the special court for anti-terrorism,” the magistrate said.
He directed the IO to submit the final charge sheet to an ATC's administrative judge for the initiation of trial against the suspects under the anti-terror law.
In this connection, the magistrate also disposed of an application moved by Nazim's widow under section 190 of the CrPC for the inclusion of terrorism charge in the case.
In her plea, Nazim's widow had said that the suspect's actions had created fear, terror, anxiety and panic among people of the area and members of the Jokhio community.
On this ground, she had argued that the matter fell within the ambit of the Anti-Terrorism Act, 1997 and thus, liable to be tried by an ATC. She had further moved the court to initiate trial against six men whose names had been removed from the challan.
