SHC overturns Faisal Mota’s death sentence; orders retrial

LARAKANA: The Sindh High Court Larkana bench on Wednesday overturned the death sentence awarded to Faisal Mehmood alias ‘Mota’ in the murder case of reporter Wali Khan Babar.

A division bench of SHC comprising Justice Junaid Ghaffar and Justice Khadim Hussain Tunio heard the appeal of Mota against the death sentence handed down by the anti-terrorism court.

Counsel of the convict Amir Mansoob Advocate took the appeal that the ATC had handed down death sentence to his client in his absence.

The counsel cited sections 21-L and 31-A of the Anti Terrorism Act 1997, saying that under mentioned section death sentence cannot be awarded in absentia.

The advocate also said that when a punishment is awarded in absentia, the convict must refer to the trial court according to Section 19(12). However, his client was unable to refer to the ATC in Kandhkot because the records of the case were at the SHC.

He, therefore, requested the court to dismiss Mota’s death penalty and send the case for a retrial.

The court pronounced it verdict overturning the death sentence and ordering retrial of the case by the ATC.

The ATC in Kandhkot will now hear the case afresh, which, on March 1, 2014, had awarded death sentence to two suspects including Faisal in absentia, and life imprisonment to four accused.

Babar was gunned down in the Liaquatabad area of Karachi on January 13, 2011 when he was returning home from office.

Mota, a worker of the Muttahida Quami Movement, was later arrested and detained in March 2015 in Karachi after Rangers conducted a raid at the MQM headquarters.

Shocked by the murder, journalists across the country had protested and mourned his death, demanding the arrest and trial of the culprits.

Syed Mohammad Ali Rizvi, Shahrukh alias Mani, Naveed alias Polka and Shakil alias Malik had also been indicted in the murder.

It is to be mentioned here that at least six people associated with investigations of the high profile murder some them eyewitnesses were also killed during the investigation of the case.

 

Published in Daily Times, August 17^th 2017.