KARACHI, June 7: A condemned prisoner, murderer of three brothers, got a new lease of life on Wednesday when the victims’ family pardoned him on the eve of execution.
Judge Syed Saghir Hussain Zaidi of the Anti-terrorism Court-III, who had issued black warrants of Ali Nawaz Khoso on May 29, ordered the jail authorities to suspend the hanging till further orders.
Khoso was condemned to death on May 15, 1999, by the then judge of the ATC-III, Arshad Noor Khan, for killing three young brothers, Jamal Noor Khan, Shadab Noor Khan and Salman Noor Khan, during a bungled house robbery on Aug 23, 1998, in Defence. The fourth brother of the victims, Adil Noor Khan, was also critically injured in the incident.
The mother, three sisters and the surviving brother of the victims, and widow of one of them appeared before the court and submitted that they had pardoned the murderer.
“We have compromised with the convict out of court and pardon him in the name of Allah”, they told the court.
While suspending the execution till further orders, the court, however, ordered the defence counsel, Naeem Qureshi, to produce all legal heirs of the victims in person on June 13 for a final order.
The judge also ordered that the legal heirs be verified by the Mukhtarkar, SHO, investigation officer and the area nazim.
Six family members, who appeared before the court, were: Amtul Saboor, mother; Adil Noor Khan, brother; Farzana, Shahnaz and Sameena, sisters, and Rehana Jamal, widow of Jamal Noor Khan.
Convict Khoso, along with two other accomplices – Khuda Bux Khoso son of Pir Bux Khoso and Nabi Bux Khoso son of Khuda Bux Khoso – barged into the house of the victims around 4:30am.
The family members woke up and bandits opened fire on them killing three brothers and injuring the other. One of the bandits, Khuda Bux, was also killed by the firing of his two accomplices, who fled the scene.
A month later, the police arrested Ali Nawaz Khoso during investigation. He was first tried by the defunct military court which sentenced him to death.
However, he was sent up for retrial to the ATC after the Supreme Court set aside all convictions awarded by the defunct military courts.
The ATC-III found him guilty of having killed the three brothers and condemned him to death on May 15, 1999.
The convict filed an appeal against the trial court judgment in the Sindh High Court, which upheld his conviction on Nov 14, 2001.
Khoso preferred an appeal against the SHC verdict in Supreme Court. The SC, too, maintained the death penalty on Sept 10, 2003. The condemned prisoner again filed a criminal review petition in Supreme Court, which also dismissed the petition.
Finally, the convict filed a mercy petition with the President who also dismissed his plea.
Besides, being condemned to death by the ATC, Khoso was also sentenced to a 10-year term for injuring Adil and a seven-year term for possessing an illegal weapon.
Legal experts said the convict would not be released even after being pardoned by the victims’ family. He will be required to complete his other terms and the court may order him to serve another term of rigorous imprisonment under Section 311 of the Pakistan Penal Code even after being pardoned by the victims’ family for the murders.
On June 5, ATC-IV had ordered suspension of hanging of a condemned prisoner after the victim’s family forgave him.
Saeed Moeez, who had killed Mirza Aziz Baig, was to be hanged on June 6. However, execution was suspended till further orders after the victim’s family appeared in the court and stated that they pardoned the convict.
