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KARACHI, June 30: The trial of six personnel of Pakistan Rangers, Sindh, and a civilian, in the cold-blooded murder case of an unarmed young man, was challenged on Thursday under the anti-terrorism act.
The case was fixed for the evidence of prosecution witnesses, but when it came up for hearing before the judge of the anti-terrorism court-I, Bashir Ahmed Khoso, the counsel for the accused filed applications under Section 23 (power to transfer cases to regular courts) of the Anti-Terrorism Act, 1997 and requested the court to transfer the case to regular court.
They contented that the facts and circumstances disclosed in the FIR and a further statement of the complainant showed that it was not an act of terrorism, thus this court had no jurisdiction to try the case.
The defence lawyers further argued that the accused were the members of the civil armed forces (Pakistan Rangers) and they were on their lawful duty and there was no object to create terror, fear and insecurity.
They maintained that under the provision of Section 5 (3) of the ATA members of the armed forces performing their lawful duties and functions during their deployment were fully protected against prosecution instituted in any criminal act.
Only the cases of terrorists could be tried under the ATA, but the six accused in the present case were Rangers personnel and one was a law-abiding citizen, they maintained.
The defence lawyers alleged that the deceased had an illicit weapon and he attempted to rob Alam Zeb and his friend, and added that warning was given to the victim to remain at a distance, but he twice tried to snatch the weapon from Rangers man Shahid Zafar.
They argued that under the provision contained in Section 6, terrorism could not be determined without determination of the nature, gravity and heinousness of the alleged offence from contents of the FIR and the circumstance of the case.
The action must be resulting in striking terror or creating fear, panic, sensation, helplessness and a sense of insecurity in the people in a particular area, which squarely brought the action within the ambit of the ATA, but this action was not attracted in the present case, the counsel for the accused added.
They further contended that this court had no jurisdiction to try the present case since, they said, it did not fall within the ambit of the ATA and prayed to the court to transfer it to any court of competent jurisdiction (sessions court) for onward proceedings.
The court issued a notice to the special public prosecutor on the applications of the accused for Friday.
Sub-Inspector Bahaur Rehman, Lance Naik Liaquat Ali, constables Mohammad Tariq, Manthar Ali, Shahid Zafar and Afzal Khan have been charged with capturing Sarfraz Shah with the help of a private contractor, Afsar Khan. The victim was shot at by Shahid Zafar and then left to die inside the Shaheed Benazir Bhutto Park within the remit of the Boat Basin police station on June 8.
A case (FIR 227/11) was registered under Sections 302 (premeditated murder), 36 (effect caused partly by act and partly by omission) and 34 (common intention) of the Pakistan Penal Code read with Section 7 of the Anti-Terrorism Act, 1997 on the complaint of the deceased's brother.
