ISLAMABAD - The court has observed Zain’s mother due to insecurity and fear is compelled to give up her right to seek justice in her son’s murder case.

“We, in the given circumstances, are shocked to see the state of affairs where a mother of a young boy because of her weaknesses and other shortcomings is being compelled to give up her right to seek justice,” said a three-judge bench order, which was released yesterday.

The bench headed by Justice Amir Hani Muslim had heard the 9th class student’s murder case on November 16 in the open court, but recorded the statement of the deceased mother in the chamber.

The Anti-Terrorism Court on October 28 had acquitted Zain Rauf’s killers including Mustafa Kanju, the son of former state minister Siddique Kanju.

The four-page order said as the Punjab government had filed an appeal against the ATC in Lahore High Court, therefore, let the LHC decide the appeal preferably within two months, from the date of the communication of this order.

The apex court ordered the prosecution general Punjab to inform about the LHC judgment by supplying its copy through the SC Registrar. The court said upon receipt of a copy of the LHC judgment, if they deem necessary, will revive the present proceedings. Till that time the case is adjourned.

The order said, Ghazala, the mother of the deceased, told the judges in chambers that she is a poor lady and after untimely death of her husband, she is earning the living of her family comprising two daughters and a son. But her son was killed on April 1, 2000.

She further informed that her brothers are also from lower middle class, and hardly make their both ends meet, and in this background, she and her daughters after the incident are scared and disturbed.

Out of the two daughters one namely Manahil stated that she cannot appear in the examinations because of the apprehensions regarding her safety, says the order.

It is also noted that Ghazala further said the State should take steps to ensure that those who have killed her son be punished.

She, in so many words, has stated that she has not forgiven the accused persons nor has entered into any compromise nor was terrorized by any one. According to her, it was the duty of the State to collect material against culprits and prove their guilt.

The procedure provided under our present criminal justice system is very cumbersome. “We can understand that the relatives of Zain deceased have lost confidence not only in the police but also in State machinery. They feel insecure and need to be assured that justice will be done”, it further said.

The court observed that prima facie, the manner in which the police have investigated the case is not transparent; adding they (court) have failed to understand that why in a case of this nature the police had not produced the prosecution witnesses before the magistrate for recording their statements under Section 164 Cr.P.C.