An anti-terrorism court (ATC) dismissed on Saturday a plea from suspects, in the Sarfaraz Shah killing case, requesting the court to transfer the case from ATC to sessions court. ATC-I Judge Bashir Ahmed Khoso had reserved the judgment on the application after hearing the arguments of both parties on Friday after the suspects stressed transferring the case from ATC to session court.
On Saturday, the ATC declared that the case will be heard by an anti-terrorism court as the actions of the Rangers personnel came under the Anti-Terrorism Act while issuing notices to the plaintiff, Salik Shah, brother of Sarfaraz, and four witnesses of the incident.
An appeal by the alleged accused for copies of charge-sheet and joint investigation report was also rejected by the court and the hearing of the case was adjourned until July 4 (tomorrow).
The counsels had filed an application seeking the transfer of the case to a regular court, submitting that the special court of the ATC had no jurisdiction to try the case as the facts and circumstances disclosed in the first information report showed that it was not an act of terrorism. They told the court that the footage clearly shows that the Rangers’ officers did not directly want to shoot him and he was only shot at his hand and feet. The defence – Naimat Ali Randhawa Advocate, Shaukat Hussain and MR Syed – had earlier argued that the case was not terrorism-related and anti-terrorism laws of 1997 did not apply in the case. The defence lawyers further argued that the accused men were personnel of a paramilitary force and that they were on their lawful duty, so there was no object of creating terror, fear or insecurity.
On the other hand, the lawyer of Sarfaraz said the Rangers officers do not have the power or the right under the laws to shoot and kill anyone. He said that the entire nation has watched the video footage of the incident through private television channels, and that it was a brutal act performed by Rangers personnel. Shah was innocent and had no criminal record.
Sub-Inspector Bahaur Rehman; Lance Naik Liaquat Ali; constables Muhammad Tariq, Minthar Ali, Shahid Zafar and Afzal Khan; and private contractor Afsar Khan have been charged with killing Shah on June 8 at the Shaheed Benazir Bhutto Park in Clifton.
According to the prosecution, the deceased was victim of an extrajudicial killing by personnel of the paramilitary force in a public park after he was handed over to them by the private contractor, accusing him of committing theft.