SC rejects Shahukh Jatoi’s plea seeking review of bail cancellation

ISLAMABAD: The Supreme Court (SC) on Monday dismissed a review petition filed by Shahrukh Jatoi, convicted of Shahzeb Khan’s murder.

Members of the civil society had moved the SC against the Sindh High Court’s (SHC) decision ordering a re-trial and removal of terrorism charges from the conviction sentence against the accused.

The SC took suo motu action and nullified the SHC order. Justice Asif Saeed Khosa further stated that any verdict, not in compliance with the law, can be overturned by the SC.

Justice Khosa also observed that the SC had exercised a lot of caution in its verdict, so as to not “add fuel to fire”.

Khosa also noted that the directions passed by the SC have been completely ignored by the SHC.

The SHC special bench on Monday adjourned the hearing of Shahzeb Khan murder case until February 26, directing the counsels representing prime accused Shahrukh Jatoi and others to come with the arguments in the next hearing.

SHC Chief Justice Ahmed Ali Shaikh constituted a special bench comprising Justice Ali Mazhar and Justice Nazar Akbar after the Supreme Court had annulled the high court’s verdict that set-aside the conviction awarded to the accused. The apex court, while hearing the application of civil rights activists, had also ordered a retrial of the case under Anti-Terrorism Act (ATC) 1997, and directed the high court to decide the case within two months.

In the earlier hearing, Farooq H Naek, who was representing Jatoi, said that his client was juvenile at the time of committing the crime and therefore he should not be tried under ATC. One of the bench’s member replied that this application could be heard separately, as this bench was constituted to decide the case within the stipulated time.

Directing the lawyers of all sides to come up with the arguments, the court put off the hearing till February 26.

Earlier on Nov 28 last year, the SHC bench headed by Justice Salahuddin Panhwar had set-aside the capital punishments of Shahrukh Jatoi and Nawab Siraj Talpur and life imprisonments of Sajjad Talpur and Ghulam Murtaza Lashari awarded by Anti-Terrorism Court. The high court had also ruled that this case did not come within the jurisdiction of the Anti-Terrorism Act, 1997 and would be tried by the ordinary court.

Later on, all accused persons including the prime one Jatoi were granted bails by the District and Sessions Judge as the victim’s father had filed an affidavit of pardoning all of them.

Following their release, the civil rights campaigners had approached the apex court, asking it to set-aside the SHC judgment and ruled that the case should be tired by the Anti-Terrorism Court (ATC). The apex court had ordered the arrest of all the accused persons and retrial of the case under ATA.