Sarfraz murder trial transfer verdict challenged

KARACHI - The Sindh High Court (SHC) on Thursday issued notices to Prosecutor General Sindh, Investigation Officer DIG Sultan Ahmed Khawaja and complainant of Sarfraz Shah killing case till July 11 in a petition challenging the anti-terrorism court decision of not transferring the trial to sessions court. A division bench comprising Justice Irfan Saadat Khan and Justice Muhammad Tasnim was hearing an application filed by the Rangers personnel facing charges of killing Sarfraz Shah in extrajudicial killing, seeking transfer of their trial from an anti-terrorism court to a sessions court. The application was filed by accused Rangers Sub-Inspector Bahur Rehman, Lance Naik Liaquat Ali, constables Mohammad Tariq, Minthar Ali, Shahid Zafar and Mohammad Afzal and private contractor Afsar Khan. The accused/applicants challenged the ATC judgement that dismissed their prior plea to transfer the case from the special court of ATC to the regular court of sessions court. They submitted that the ATC had no jurisdiction to try the case as the fact and circumstances of the case had no nexus with the act of terrorism as defined under section 6 of the Anti Terrorism Law. On July 4, the ATC had dismissed the accused plea while declaring that this was a case of terrorism. The counsels of the applicant/accused submitted that the act of individual law enforcement personnel could not be termed as an act of terrorism as the video footage also showed that the law enforcement personnel had no intention to kill Sarfraz Shah. The counsels submitted that law enforcement personnel could not be treated as terrorists. The personnel of paramilitary force and the private contractor were arrested and the cases were launched against them under anti-terrorism law after the Supreme Court took suo moto notice of the suspected encounter. Meanwhile, an anti-terrorism court on Thursday adjourned hearing of Sarfraz Shah killing case till Friday, as no proceeding was conducted due to absence of the defence counsels. An application was submitted before the ATC No 1 Bashir Ahmed Khoso, who is conducted the trial, by one of the defence counsels MR Syed for the adjournment of the hearing. He stated that due to his illness he can not appear before the court. Besides, the other defence counsels were also absent from the court. On the other side, the investigation head was present with the witnesses on the courts directive. During the last hearings, the prosecution witnesses including police officials had recorded their testimonies before the trail court.

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