KARACHI, May 20: An anti-terrorism court in Karachi on Thursday awarded death sentence to four accused in a kidnapping for ransom case. Judge Arshad Noor Khan of the ATC-3 also ordered confiscation of properties of Zafar Iqbal, Shaukat Ali, Akbar Ali and Muneer Ahmed worth Rs100,000 each for kidnapping Aslam Lodhi and his five employees for ransom on Jan 1.

Aslam Lodhi had been running a workshop in North Karachi and one of his employees, Zafar, who masterminded the kidnapping, invited his employer and five colleagues for a dinner at his residence.

Accused Zafar gave them intoxicated food and made them hostage. Later, he phoned the son of the workshop owner, Mohammed Saqib Lodhi and demanded a heavy sum for the release of hostages.

Later, the kidnappers agreed to accept Rs115,000 as ransom and asked the victim's son to bring money near Bilal Chowrangi, Korangi, where accused Shaukat Ali was arrested red-handed while receiving the money.

Accused Shaukat led the police party to the place where hostages had been kept. The police also arrested Zafar Iqbal and Ali Akbar on a lead given by accused Shaukat.

Accused Muneer Ahmed, however, fled the scene, but he was later arrested. One of their alleged accomplices, Mir Hasan, is still untraceable and he has been declared an absconder.

In his 64-page verdict, the judge observed: "after considering the evidence brought on record by the prosecution as well as the defence side in juxtaposition to each other, it has been firmly proved that the story put forward by the prosecution and evidence brought on record in support of its case is most convincing and probable and near the truth and no major or minor dent has been inflicted in the testimony of the prosecution witnesses."

He further remarked that the prosecution had successfully established its case against the accused beyond any shadow of doubt and there also exist no mitigating circumstances to award the lesser punishment to them.

"The Honourable Supreme Court has also taken a very serious notice of the fact that the lower courts are awarding lesser punishment to the accused involved in the offences of capital punishment and after succeeding in bringing the guilt of the accused at home by the prosecution, the lower courts do not award maximum punishment of the offence to the accused which resulted in the anarchy in the country", he observed.

The judge also incorporated in his verdict the following excerpts of a Supreme Court judgment reported in 2001 SCMR 988: "...it has been consistently held that when prosecution proves its case beyond any doubt, it is the legal duty of the court to impose deterrent punishment on the offenders to make the evil- doers an example and a warning to the like-minded people.

Despite the fact that the crime is increasing in the society, the courts normally avoid awarding normal penalty of death in offences punishable with death which amounts to gross miscarriage of justice whereas the courts are duty bound to do complete justice with both the parties.

It has been observed with great concern that whenever people fail to get due justice from the court of law, they resort to take the law in their own hands to settle matters themselves.

Such a situation is very alarming and it is the need of the hour that the courts should hold the scale of justice even in dispensation of justice to the parties. In offences punishable with death, the normal penalty prescribed by law is death sentence, however, in case where there are mitigating or extenuating circumstances warranting lesser punishment, the courts while awarding lesser punishment have to record reasons justifying the same".