RECORDER REPORT

ISLAMABAD: Setting aside Sindh High Court (SHC) decision in Shahzeb murder case, the Supreme Court Thursday ordered retrial of the case by a new bench of SHC that will hear appeals in the case filed by the civil petitioners within two months.

With this, a three-judge bench of Supreme Court also ordered the arrest of the accused Shahrukh Jatoi, Sajjad Talpur and Siraj Talpur.

The accused were taken into custody by the Islamabad police after the verdict was read out by the Chief Justice of Pakistan Mian Saqib Nisar. The court had converted the matter into a suo motu.

The bench wondered how SHC discarded the Supreme Court 2013 decision in which it was mentioned that the case against Shahrukh Jatoi and accused should be conducted before an anti-terrorism court (ATC).

The court ordered SHC to hear initial plea of the accused to remove death sentence and directed the court to pass a verdict in two months based on the merits of the case.

The SC also restored anti-terrorism clauses in the case which were earlier removed by the SHC. Dismissing SHC’s earlier verdict, the apex court ordered that names of the accused will remain on exit control list (ECL).

On Wednesday, the Chief Justice asked how members of the civil society can challenge the acquittal of Shahrukh Jatoi and others by the SHC if the parents and state had already reached a conclusion.

The bench headed by the Chief Justice asked Counsel Faisal Siddiqui to convince the point of locus standi. “If the parents and state have agreed on comprise in the matter, how can the civil society and non-governmental organization approach Supreme Court?” CJ asked.

Siddiqui argued there was a collision of state and accused party in the murder case as four prosecutors of the case had been replaced.

In December, the high court had ruled that Shahzeb Khan’s murder did not fall within the terror act ambit and therefore set aside the conviction of Jatoi and three others who were recently released after a compromise was reportedly reached with the victim family.