KARACHI: An anti-terrorism court docket on Wednesday dismissed an software in search of to halt the proceedings of Perween Rahman’s homicide trial till order was handed by the Supreme Courtroom on her sister’s plea for re-investigation of the case by the Federal Investigation Company.
Earlier, the identical court docket had dismissed an software moved by the slain activist’s sister pleading to summon and report testimonies of the members of a Supreme Courtroom-appointed joint investigation group (JIT), which had detained and grilled a number of the accused concerned within the homicide.
5 detained accused — Abdul Raheem Swati, his son Mohammad Imran Swati, Ayaz Shamzai alias Swati, Amjad Hussain Khan and Ahmed Khan alias Ahmed Ali alias Pappu Kashmiri — have been charged with the homicide.
Ms Rahman, head of the Orangi Pilot Challenge, was gunned down close to her workplace in Orangi City on March 13, 2013.
On Wednesday, the ATC-XIII conducting trial contained in the judicial complicated within the central jail pronounced its verdict reserved earlier after listening to arguments from the defence, prosecution and the counsel for the complainant.
The choose handed the order whereas disposing of an software collectively filed by Advocate Salahuddin Panhwar, who represented the complainant, and Assistant Prosecutor Common Ghulam Murtaza Maitlo for the state underneath Part 344 (energy to postpone or adjourn proceedings) of the Prison Process Code (CrPC) learn with Part 32 (overriding impact of the act) of the Anti-Terrorism Act, 1997.
After contemplating the arguments of the prosecutor and the counsel for the complainant and the accused, the choose wrote in his order that admittedly the matter pertained to 2013 and couldn’t be finalised for one or the opposite motive.
The accused have been behind bars because the date of their arrest and their bail purposes had additionally been dismissed by the trial court docket in addition to the excessive court docket, the court docket added.
It stated there have been instructions of the Sindh Excessive Courtroom to conclude the matter inside two months and the trial court docket had taken efforts and examined all of the witnesses cited within the calendar of witnesses and facet of the prosecution had been closed.
The choose famous that the statements of the accused underneath Part 342 (energy to look at the accused) in addition to 340(2) (proper of individual to be defended and his competency to be a witness) of the CrPC had been recorded.
He famous that the complainant’s counsel moved an software requesting to summon and report statements of the members of the JIT, however the software was dismissed.
Due to this fact, the complainant challenged the identical order by submitting a revision software earlier than the SHC moreover shifting an software with the SC with a request to entrust investigation of the case to an sincere and neutral officer of the FIA.
She additionally filed the current software with the trial court docket requesting it to indefinitely adjourn the matter or keep additional proceedings within the case, arguing that if the current software was disposed of the opposite purposes pending earlier than the SHC and the SC would develop into infructuous.
Opposing the plea, Advocate Shah Imroze Khan, defence counsel for accused Imran Swati, contended that the plea was not maintainable for passing any order because the aid claimed by the complainant was not throughout the jurisdiction of the trial court docket.
“The case can’t be stayed or adjourned sine die with none restraining order by the superior courts,” the council stated, including that there have been directives of the SHC to the trial court docket to conclude the matter inside two months.
The trial was close to its finish and the complainant supposed to make the matter linger on, on one or the opposite pretext, he stated and pleaded to dismiss the appliance.
The choose dominated that there was no particular path of the Supreme Courtroom relating to staying the proceedings and noticed: “The adjournment of a prison case indefinitely is towards the conventional pattern of prison jurisprudence and it ought to typically be discouraged, as held in quite a few instances by the superior courts that the coverage of prison regulation goals at bringing accused individuals to justice as speedily as potential, in order that if they’re discovered responsible, they could be punished and if they’re discovered harmless, they could be acquitted and discharged.”
The choose dominated that no cheap floor was proven by the complainant’s counsel and within the mild of circumstances, “I don’t discover any benefit within the prompt software and the identical is hereby dismissed”.