KARACHI: The National Commission for Human Rights (NCHR) on Friday moved the Sindh High Court to become a party in the Nazim Jokhio murder case stating that there was no chance of a fair trial if the case left at the mercy of state offices.

The NCHR through its Sindh member/ commissioner Anis Haroon filed an application in the SHC asking it make the applicant as intervener/respondent in the bail proceedings of MNA Jam Abdul Karim pending before SHC.

It said the commission wanted to place on record imperative facts and agitate pertinent grounds and law and to assist the court to ensure efficacious, expeditious and complete adjudication of the case.

It submitted that the NCHR had made contact with the widow of Nazim Jokhio and after verifying her stance against the accused, it decided to provide her legal and social support to pursue the case till the fateful events as elucidated infra.

NCHR files plea to become intervener in bail proceedings of MNA Jam Karim

The applicant submitted that on Feb 8, a judicial magistrate had returned the final charge sheet of the case along with other papers to the investigating officer with a direction to file the same before the administrative judge of antiterrorism courts.

It said the magistrate had observed that the accused had no other intention or motive behind their acts but to create a sense of insecurity and fear in the public or group of public.

However, the NCHR argued that the office of the prosecutor general without any lawful authority had subdued the charge sheet /case file of the case causing an inordinate delay to place the same before the ATC for trial.

It said against the conduct of the PG, the NCHR submitted a complaint to the chairman of the Pakistan Bar Council on April 6.

The commission said that the provincial home department acting under the impetus of the PG, made utmost attempts to influence the investigation of the case by asking for the transfer the IO, but such a request was boldly and rightly denied by the inspector general of police, it maintained.

The applicant contended that on March 3, the widow of the deceased through a pre-recorded video message said that she had forgiven the accused and tendered a compromise with them apparently out of fear and concern for her family’s life.

It said such circumstances bore testament to the “naked influence of the accused and the negligence and sheer incompetence of the state authorities” concerned, who had failed in ensuring adequate safety for the legal heirs of the deceased.

“That the upshot of the above circumstances are a glaring testament that there is absolutely no chance of a fair trial and just conclusion of the case if left at the mercy of state offices, including those of the Prosecutor General and Advocate General Sindh, which have, as displayed by their conduct, been compromised. These circumstances, and the very fact that it was a result of these same circumstances which apparently led the widow of the deceased to back off of her right stand, are a gross violation of Article 10-A and 37(d) of the Constitution,” the NCHR stated.

Nazim Jokhio was found tortured to death at the farmhouse of PPP MPA Jam Awais in Malir on Nov 3, 2021. Two PPP lawmakers — Jam Abdul Karim and his brother MPA Jam Awais — and their guards and servants have been booked for killing Jokhio, who earned the ire of the influential legislators by stopping their foreign guests from hunting houbara bustard.

Initially, a sessions court while hearing the bail applications of accused had observed that prima facie the accused persons had no other intention or motive but to create insecurity and fear in the public by such act which falls within the definition of terrorism.

Later, a judicial magistrate had returned the case papers as well as the final charge sheet and directed the investigating officer to file the same before the administrative judge of ATCs.

Published in Dawn, April 9th, 2022