ISLAMABAD, May 22: The Supreme Court on Wednesday set aside the judgment of the Anti-Terrorism Court convicting three MQM workers on the charge of murdering PML(N) leader Zohair Akram Nadeem, and ordered retrial of the case.

The court, while giving its verdict, observed that all requirements of justice were not met.

Advocate Akram Sheikh, represented the appellants, and Additional Advocate-General of Sindh Salman Habib represented the State.

The court observed that it was right of the accused to defend themselves which was denied in the present case as no statement under 342 of CrPC was recorded.

On December 10, 1998, police had arrested three MQM workers, Dilawar Khan, Aslam Ali and Mohammad Jehangir.

In the meanwhile, the Supreme Court declared the establishment of military courts for the trial of civilians as unconstitutional.

The case of the appellants was then sent to an Anti-Terrorism Court, which too awarded death sentence, plus a fine of Rs100,000.

Advocate Akram Sheikh argued that the Supreme Court, while declaring the establishment of military courts, as unconstitutional, had protected the evidence recorded by the military courts but had also given the right to the trial courts to summon the witnesses again. The SC bench consisted of Justice Munir A. Sheikh, Justice Qazi Mohammad Farooq and Justice Abdul Hameed Dogar.

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