MULTAN, July 25: A Dera Ghazi Khan anti-terrorism court will start trial of the Meerwala gang-rape case from Friday (today).
Charges will be framed against the 15 accused in the case on the first day of the trial. Judge Malik Zulfiqar Ali also summoned 14 of the 27 prosecution witnesses.
The prosecution witnesses summoned to testify are Muzaffargarh district Nazim Malik Muhammad Sultan Hinjra; Muhammad Amjad, councillor of Meerwala area of Jhuggiwala union council; Abdul Wahid, councillor of Wadduwala union council; Maulvi Faiz Muhammad.
Dr Shahida Safdar, women medical officer of Jatoi Rural Health Centre; Dr Fazal Husain, senior medical officer/in charge of Jatoi RHC.
Syed Azhar Abbas, Muharrar, Jatoi police station; constables Muhammad Arshad, Abdul Hameed, Muhammad Ramazan and Ali Muhammad, Sub-Inspector Muhammad Sadiq, Kot Adu police station; constable Rafiq Ahmed, security branch of Muzaffargarh DPO office; and head constable Muhammad Yar, Jatoi police station.
Admitting the challan, the judge raised the question that whether or not the case came under the jurisdiction of an ATC court. On July 23, both the prosecution and the defence counsel argued that the court lacked competency to hold trial of the case after certain amendments in the ATA-97 since last year.
Defence counsel Malik Muhammad Saleem said because the Meerwala case was an outcome of ‘personal enmity’, it did not fall in the definition of terrorism according to the Supreme Court ruling in the Mehram Ali versus state case.
The judge declared the Meerwala case fit for trial at the Dera ATC on July 24, observing that the circumstances in the Mehram Ali case were distinguishable while the whole texture of ‘terrorism’ defined in Section 6 of ATA-97 had been substituted with amendments ordinance XXXIX of 2001.
The judge also referred to a case law (SCMR, page 908) having title of ‘Mst Raheela vs State and others’. The Supreme Court had observed that the requirement of law was adequately satisfied if the act (crime) had tendency of effect to create terror or feelings of insecurity.
The offence of rape had been dropped from the schedule of offences that can be tried at the ATCs through amendments last year. The police incorporated section 6(2)(b) of the ATA-97 along with other sections in the challan of Meerwala gang-rape case. This section of the Anti-Terrorism Act relates to a “sense of fear or insecurity in society” caused by any act of violence.
Fr Channan happy: The provincial chief of the Dominican Catholic Church in Pakistan, Fr James Channan, has expressed deep relief over the arrest of alleged culprits involved in the Bahawalpur church carnage.
Some terrorists had attacked St Dominic’s Church in Bahawalpur on Oct 28 last year. At least 15 Christians and a Muslim guard were killed in the tragedy.
Vehari police have recently claimed arresting assailants involved in the church massacre. They are: Manzoor Hussain alias Mumtaz, Talha alias Nadeem, Muhammad Ahsan Moaviya and Kashif Saddique. Their fifth accomplice, Shakeel Anwar, had been killed in a police encounter.
Talking to newsmen here on Thursday, Father Channan urged the government to trial the Bahawalpur church case in a special court for speedy justice.
He further urged the government to take even stronger measures to protect the life, property and honour of the minorities.