ISLAMABAD: The Supreme Court was told on Tuesday that complainants and witnesses in the murder case of 16-year-old boy Zain had resiled from their earlier statements before the Lahore Anti-Terrorism Court (ATC) under duress.

‘‘They recanted from their earlier statements before the trial court after having been pressurised and monetary inducement which led them to sign on blank papers,” Punjab’s Additional Advocate General Razzaq A. Mirza told a three-judge Supreme Court bench, headed by Justice Amir Hani Muslim.

On a suo motu, the Supreme Court had taken notice of the acquittal by the Lahore ATC of five suspects, including Mustafa Kanju, the son of former foreign minister of state Siddique Kanju, in Zain’s murder case.

Later, the court summoned legal heirs of Zain, the complainant and prosecution witnesses on Nov 16 with an order to Punjab IG to bring those called by the court under adequate security cover. The court had also lamented that the prosecution had poorly done his work in the case.

Mustafa Kanju, along with his four guards, had opened fire on a vehicle near Cavalry Ground area Lahore on April 1, killing Zain, his maternal nephew, and injuring a passerby.

The accused were acquitted of all charges by ATC-I Presiding Judge Muhammad Qasim because of lack of evidence on Oct 28 though the trial court had earlier indicted suspects for killing Zain and injuring passerby Husain, 18.

The ATC had ordered the release of the accused after they moved before the trial court an application under Section 265-K CrPC seeking acquittal of all charges after complainant of the case and all prosecution witnesses recanted.

According to reports, Mustafa Kanju was allegedly drunk when his car hit another car driven by a woman but the woman was never identified by investigators as she had driven away from the scene. Kanju opened fire, killing Zain and injuring passerby Husain. Kanju had escaped from the scene but was later arrested from Khushab.

Lahore’s Gulberg police had lodged an FIR against Kanju and his guards under section 7-ATA and section 302 of PPC.

On Tuesday AAG Mirza informed the court that most witnesses were property dealers who had resiled from their statements after allegedly receiving money from the accused. He assured the court that the provincial government had intended to file a petition against the acquittal of the five accused.

The court, however, regretted that it had to take up the suo motu notice only because of the inaction on the part of the provincial government.

The AAG also presented a report prepared by Punjab IG stating that two more FIRs had been registered against complainant Muhammad Sohail Afzal and Zahoor Ahmad, the son of Sohail Afzal – witnesses of the killing of Zain, who had recanted from their statements. The FIRs have been lodged on the complaint of Mehboob Alam of South Cantt Police Station, Lahore.

Published in Dawn, November 11th, 2015