A two-member bench, comprising Justice Agha Faisal and Justice Muhammad Ali Mazhar, were informed by the defence counsel during the hearing that the complainant and the father of the murder victim had both died while Shahzaib’s mother and two daughters lived abroad and did not wish to appear before the court.
The lawyer added that if an agreement had been reached between the accused and the family of the victim, it could only be confirmed through a video link.
To which, the bench remarked that at least the address of the heirs of the victim needed to be on the record while asking, who were they facing threats from and til when would they remain in hiding?
“They should file the case against those they feel any threat (from),” the bench further observed.
During a previous hearing, Additional Prosecutor-General, Zafar Ahmed Khan had told the court that the parties could not reconcile in cases of terrorism and thus, no compromise had been reached at the subordinate court.
The SHC had replied that a settlement could not be filed without the consent of the public counsel as it sent the matter for affirmation from the family about the settlement.
“It was inappropriate for the defence lawyers to declare Shahrukh Jatoi juvenile at the time of the murder,” the bench claimed.
It further added that Jatoi was aged above 18 years at the time of the incident in light of all the medical reports and, therefore, his case could not have been run under the juvenile system.
Two suspects, including Shahrukh Jatoi, were awarded death sentences in the case while two other suspects were imprisoned for life.
Published in Daily Times, March 12th 2019.
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