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KARACHI: The 2012 murder case of Shahzeb Khan took a new turn on Tuesday when the Sindh High Court (SHC) ordered a retrial, striking down the death penalty awarded to the convicts by an Anti-Terrorism Court (ATC).
Shahzeb Khan was gunned down by the son of an influential feudal in a posh locality of Karachi. An ATC in 2013 had awarded death sentences to Shahrukh Jatoi and Siraj Talpur for the murder of Shahzeb Khan, while life sentences were awarded to Sajjad Ali Talpur and Ghulam Murtaza Lashari.
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Shahrukh Jatoi had appealed against the death sentence handed to him before a two-member bench of the Sindh High Court.
In its order on Tuesday, the SHC stated that an act of revenge over personal enmity does not equate to an act of terrorism.
In light of the arguments, the bench noted that 'this was a case of personal vendetta' and that 'Section 6 of Anti-Terrorism Act was misapplied by the police' and that the 'trial was not proper.'
The order further said: 'Accordingly, impugned judgement is set-aside and case is remanded back to ordinary Court (Sessions Court),' where the matter will be decided within the four corners of the law.
During the hearing on Tuesday, the Sindh Prosecutor General Shahadat Awan informed the court that the plaintiff has withdrawn from the case.
Shahzeb Khan murder case
Shahzeb Khan, 20, was shot dead on the night between December 24 and 25 in 2012. Seven people including Shahrukh Jatoi, Nawab Siraj Talpur his brother Sajjad Talpur and their employee Murtaza Lashari were booked in the murder case.
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An Anti-Terrorism Court (ATC) in 2013 awarded death sentences to the key accused, Shahrukh Jatoi and Siraj Talpur in the murder case, while the other two accused were awarded life imprisonment.
According to the 2013 judgment, the court penalized all four accused with Rs 500,000 fine while Sajjad Talpur and Murtaza Lashari were ordered to serve an additional one-year imprisonment for harassing Shahzeb’s sister.
However, the parents of the deceased Shahzeb Khan decided to pardon the culprits responsible for the murder of their son. The family filed an affidavit with the court pardoning the men accused of killing their only son.
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The victim’s parents – father Deputy Superintendent of Police Aurangzeb Khan and mother Ambreen Aurangzeb – also requested for the release of the four perpetrators involved.
Speaking to a private news channel in 2013, the victim’s mother Ambreen Aurangzeb reportedly said that: “we may not have forgiven them in our hearts, but we have pardoned our son’s killers in the name of Allah.We cannot spend our entire lives in fear… we took the decision considering the circumstances.”
Details of pardon agreement
The details of the pardon agreement have surfaced according to which Shahzeb Khan’s family were paid Rs 270 million.
Sources informed Geo News that as part of the agreement, the deceased’s family were given a 500-square-yard house in the Defence neighbourhood of Karachi, while his father was given an apartment in Australia. According to sources, the pardon agreement was with Shahzeb’s father DSP Aurangzeb.
Meanwhile, Shahrukh Jatoi has been admitted to the Jinnah Hospital for the last two months.
Note: An earlier version of this story stated that the court had ordered the ATA charge applied in the case to be reviewed. The error is regretted.
| Murder of Shahzeb Khan | |
|---|---|
| Location | Karachi, Pakistan |
| Coordinates | 24°51′36″N67°0′36″E / 24.86000°N 67.01000°ECoordinates: 24°51′36″N67°0′36″E / 24.86000°N 67.01000°E |
| Date | 25 December 2012 (PST UTC+5:00) |
Attack type | Shooting |
| Weapons | Gun |
| Deaths | 1 |
| Victim | Shahzeb Khan |
| Perpetrators | Shahrukh Jatoi and Siraj Talpur aided by Sajjad Talpur and Ghulam Murtaza Lashari |
| 4 | |
| Motive | Revenge |
Murder of Shahzeb Khan is about the killing of university student Shahzeb Khan on 25 December 2012 in Karachi, which sparked country-wide outrage against the abuse of power by the wealthy in Pakistan. On 7 June 2013 Shahrukh Jatoi, son of feudal Sikandar Jatoi and Siraj Talpur, from the Talpur clan, were sentenced to death for this crime, while Sajjad Talpur and Ghulam Murtaza Lashari were sentenced to life imprisonment for aiding the two killers.[1] However, in September 2013 Shahzeb's parents, DSP Aurangzeb Khan and Ambreen Aurangzeb, decided to file an affidavit with the court pardoning all four accused and requesting their release, the Sindh High Court released the culprits on 23 December 2017. On 1 February 2018 the Supreme Court of Pakistan ordered both the case to be reopened before the SHC and the accused persons to be retaken into custody.[2]
Details[edit]
During the night of 24 December 2012, Shahzeb Khan's sister was on her way back home from their sister's Walima reception. She was being eve-teased by Ghulam Murtaza Lashari, which resulted in a fight between Shahzeb on one side and the Talpurs, accompanied by their friend Shahrukh Jatoi on the other side.[3] After the fight had ended the Shahrukh and Siraj eventually traced Shahzeb again and gunned him down.[4]
Initially no arrests were made, which caused a significant social media movement demanding justice for Shahzeb Khan. On 7 January 2013 Siraj Talpur, Sajjad Talpur and Ghulam Murtaza Lashari were arrested in connection with the murder. Shahrukh Jatoi had fled to Dubai in the meantime, but was later arrested as well. Eyewitnesses then identified the suspects. After several changes of prosecution personnel, the charges were finally filed in March. In June 2013 the main accused, Shahrukh Jatoi and Siraj Talpur were sentenced to death. The fact that Jatoi was seen smiling into the cameras even at the time when the verdict was read, triggered a lot of negative reactions among the general public in Pakistan.
The high-profile murder case of Karachi's young boy Shahzeb Khan took a new dramatic twist on 28 November 2017, as Sindh High Court (SHC) set aside death sentence awarded to Shahrukh Jatoi and ordered retrial of the case.[5][6][7]
On 23 December 2017, Shahrukh Jatoi among other suspects were released on bails on late Saturday after Sindh High Court (SHC) ordered their release in a hearing earlier today in Shahzaib murder case. According to details, the court ordered the suspects to submit surety bonds worth Rs5 lac in this regard. The decision was made after Shahzaib's father submitted agreement copy in the court. 'Shahzaib’s family forgave (Shahrukh Jatoi) in the name of Allah. They didn’t take any cash,' brother Ashraf Jatoi said while talking to media. “What Shahrukh Jatoi and his friends did was wrong.” Earlier, SHC had suspended death sentences awarded to criminals Shahrukh Jatoi and Siraj Talpur, saying that the session court would look into the terror sections in the case. But after the appeal made in SC against the High Court's decision by civil society, SC on hearing on 13 January rejected the bails of culprits and ordered to arrest them and put their name in ECL within 24 hours. Shahrukh Jaoti and Talpur Families involved with Faryal Talpur. [8]
References[edit]
- ^'Shahzeb murder case: Shahrukh Jatoi sentenced to death'. dawn.com. 8 June 2013. Retrieved 16 September 2013.
- ^Order of 1 February 2018 in the case of Muhammad Jibran Nasir and others v. The State and others (Crl.A.1/2/3-K of 2018; SMC 1 of 2018)
- ^'Shahzeb Khan murder case: Verdict to be announced today'. The Express Tribune. 7 June 2013. Retrieved 16 September 2013.
- ^'Timeline: Shahzeb Khan murder case'. The Express Tribune. 8 June 2013. Retrieved 16 September 2013.
- ^Order of 28 November 2017 in the cases of Shahrukh Jatoi s/o Sikandar Ali Jatoi v. The State (Spl.Anti.Ter.A. 25/2013, Cr.Rev. 40/2014), Nawab Siraj Ali s/o Imdad Ali Talpur v. The State (Spl.Anti.Ter.A. 19/2013), Ghulam Murtaza s/o Raheem Bux v. The State (Spl.Anti.Ter.J.A. 24/2013) and Reference made by the Judge ATC Karachi, Conf.Case(ATA) 1/2013
- ^Baloch, Shafi (28 November 2017). 'SHC orders retrial in high-profile Shahzeb Khan murder case'. DAWN.COM. Retrieved 29 November 2017.
- ^'SHC sets aside death sentence of Shahrukh Jatoi in Shahzeb murder case'. www.thenews.com.pk. Retrieved 29 November 2017.
- ^Baloch, Shafi (23 December 2017). 'Shahrukh Jatoi among other suspects were released on SHC orders'. pakistann.COM. Retrieved 23 December 2017.