ISLAMABAD: Two police officials have challenged in the Islamabad High Court (IHC)their death sentence awarded by a trial court in the murder case of Osama Satti.

An IHC division bench, comprising Justice Mohsin Akhter Kayani and Justice Tariq Mehmood Jahangiri, after preliminary hearing issued notices to the complainant in the murder case on the appeals filed by convicted police officials Iftikhar Ahmed and Mohammad Mustafa.

The counsel for the petitioners adopted before the bench that the trial court did not consider the stance of the police officials that they had received information of a robbery in H-13 and the deputy inspector general (operations) had directed them to reach the area.

He said the police officials reached the spot, however, the robbers escaped in a white car. The police team signaled Osama Satti to stop but he sped up. “The police officials fired a single shot with an intention to just stop him and his unfortunate death was the result of mistake.”

According to him, there was no enmity between the two sides and it was not a case of murder. “Because of the pressure of social media and intervention of the Prime Minister Office the complainant was given unprecedented favour and the matter was not interrogated on merit.”

He went on to say that later Ahmed fired two bullets while Mustafa made 17 fires with his officially assigned SMG. The role of both the appellants had been clarified but the fact of their official duty was totally ignored.

The counsel submitted that the father of the deceased introduced the ‘motive of killing’ saying the police wanted to take revenge of an earlier exchange of harsh words with his son, but he never produced any evidence of it on judicial record.

He argued that the decision of the trial court was against the law and requested the IHC to set aside the conviction of the appellants. The IHC bench adjourned further hearing till March 13.

Additional district and sessions judge (ADSJ) Zeba Chaudhry on Feb 6 convicted five police officials in the murder case. She sentenced to death Iftikhar Ahmed, Mohammad Mustafa and awarded life imprisonment to Saeed Ahmed, Shakeel Ahmed and Muddassir Mukhtar.

The verdict stated: “The sentence of death of accused persons Iftikhar Ahmed and Mohammad Mustafa shall not be executed unless it is confirmed by the Hon’ble Islamabad High Court.”

The judge rejected the plea of the accused that they opened fire on Satti’s vehicle over apprehensions that he might enter the Red Zone.

Judge Chaudhry observed that Satti was intercepted near Motorway Point and the “occurrence happened in area opposite to G-10 where from Red Zone was not only quite far but heavy security was deployed at the end and start of Red Zone.”

She observed that the young man could have easily be intercepted and stopped as he was on a 660cc van while the police officials were riding a 2500cc vehicle.

The verdict added: “Facts and circumstances established that prosecution remained successful in establishing its case that during the moments of hot pursuit the intensity of force used by the accused officials by no means can be termed or measured as reasonable.”

Published in Dawn, February 14th, 2023