ISLAMABAD: The Supreme Court, which acquitted Shahrukh Jatoi — who was convicted for the Dec 2012 murder of 20-year-old Shahzeb Khan in Karachi — held on Monday that the case against the accused did not attract provisions of the Anti-Terrorism Act (ATA).

“There was no design or purpose of destabilising the government, disturbing the society or hurting a section of the society with a view to achieve objectives which are essentially political, ideological or religious, therefore, provisions of the ATA were not applicable in the present case,” said a 17-page detailed order.

As a result, the court set aside the May 13, 2019 Sindh High Court (SHC) order and accepted the defendant’s appeals.

Headed by Justice Ijazul Ahsan, a three-judge SC bench, while hearing appeals of Shahrukh Jatoi and co-accused Nawab Siraj Ali, Nawab Sajjad Ali and Ghulam Murtaza on Oct 18, 2022, had ordered the acquittal of all the accused.

Editorial: Questionable acquittal

Authored by Justice Sayyed Mazahar Ali Akbar Naqvi, the detailed order released on Monday also contained directions to release the acquits from jail forthwith if not required or detained in any other case.

Referring to the conviction of the appellant Shahrukh Jatoi under Section 13(e) of the Arms Ordinance, admittedly the empties (spent bullet casings) from the scene of the crime were firstly sent to Forensic Science Laboratory on Dec 31, 2012, but subsequently they were taken back on Jan 17, 2013 and were re-submitted later on along with the alleged recovered pistol from the appellant on Jan 23, 2013.

The judgement recalled how the apex court, in a number of cases, had held that if the spent bullet casings were sent to the Forensic Science Laboratory after the arrest of the accused, or together with weapon used in the crime, the positive report of the laboratory loses its evidentiary value.

Sending the empties together with the weapon of offence is not a safe way to sustain conviction of the accused and smacks of foul play on the part of the investigating officer, simply for the reason that until the recovery of weapon, he kept the empties with him for no justifiable reason.

In this view of the matter, we set aside the conviction of the appellant Shahrukh Jatoi under Section 13(e) of the Arms Ordinance, the order said.

Soon after the short order was announced, the attorney general’s office had vowed to move a review petition against the decision, since it was pronounced without seeking the stance of the Attorney General for Pakistan (AGP).

Published in Dawn, November 22nd, 2022