PESHAWAR, Sept 10: Setting aside death penalty awarded by an anti-terrorism court, a division bench of the Peshawar High Court has remanded a murder case to the Kohat district and sessions judge for retrial.

The bench comprising Justice Malik Hamid Saeed and Justice Qaim Jan Khan observed that the ATC could try offences aimed at creating terror in the community.

The ATC, presided over by Amir Gulab Khan, had awarded capital punishment to the accused on July 31 and fined him Rs100,000. He was convicted of killing his cousin, Mohammad Waqar.

Barrister Zahoorul Haq appeared for the appellant, Mohammad Shafiq, and contended that the had no jurisdiction to try him. He argued that the appellant was charged with killing Waqar in the mountains and there was no question of terrorising the society.

Mr Haq pointed out that initially the complainant had lodged a complaint stating that the deceased was missing. Two days later, he added, the dead body was recovered from the mountains following which an FIR was registered under Section 302 of Pakistan Penal Code. He argued that the investigation officer, while submitting his report under Section 173 of the Criminal Procedure Code, included Section 7 of the Anti-terrorism Act, 1997, in the case by stating that hatred persisted among the people against the murder. He contended that it was a case of no evidence and unseen occurrence.

The appellant’s counsel referred to Section 6 of the ATA, stating that the case did not come in the jurisdiction of an ATC. In support of his contention, he referred to the Mehram Ali case, arguing that unless an offence was against a section of the society or society at large or aimed at creating terror in the society, it could not be included in the definition of terrorism.

Advocate Asadullah Chamkani appeared for the complainant and Deputy Advocate-General Tariq Jawed represented the provincial government. They argued that the case could be tried by an ATC. Mr Chamkani stated that the appellant after the murder had set the body on fire. There was a lot of resentment among the people of the area about the crime, he said.