SC had power to convict Shahrukh Jatoi, others for fasad-fil-arz: Jibran Nasir

After the acquittal of convicts in the Shahzeb Khan murder case, lawyer Jibran Nasir said that the Supreme Court (SC) had the power to convict Shahrukh Jatoi and others under Section 311 for fasad-fil-arz for the shocking manner in which crime was committed.

In a Twitter message, Jibran Nasir said, “Honorable SC could not review compromise made by family of #ShahzebKhan and already accepted by Courts below for offence of murder under S. 302 PPC but SC had power to convict #ShahrukhJatoi & others under S. 311 for Fasad-fil-arz for the shocking manner in which crime was committed.”

Hon’ SC could not review compromise made by family of #ShahzebKhan and already accepted by Courts below for offence of murder under S. 302 PPC but SC had power to convict #ShahrukhJatoi & others under S. 311 for Fasad-fil-arz for the shocking manner in which crime was committed pic.twitter.com/KxtNR6pkPg

— M. Jibran Nasir 🇵🇸 (@MJibranNasir) October 18, 2022

The Supreme Court on Tuesday acquitted Shahrukh Jatoi as well as his accomplices in the Shahzeb Khan murder case.

A three-judge bench, headed by Justice Ijazul Ahsan, and comprising Justice Munib Akhtar and Justice Sayyed Mazahar Ali Akbar Naqvi, heard the case.

An Anti-Terrorism Court (ATC) had awarded the death penalty to Jatoi and his accomplice Siraj Ali Talpur for Shahzeb’s murder in 2012 following a petty dispute. Siraj’s younger brother, Sajjad Ali Talpur, and domestic helper Ghulam Murtaza Lashari had been handed life sentences.

A couple of months after the sentence was passed, however, Shahzeb’s parents had issued a formal pardon for the convicts, approved by the Sindh High Court (SHC).

Despite the pardon, however, the death penalty had been upheld because of the addition of terrorism charges to the case — up until the SHC dropped the charges and ordered a retrial in the case.

The SHC, while hearing appeals against the conviction, had later commuted the death sentences into life imprisonment. Subsequently, all four accused had approached the Supreme Court.

On Tuesday, the court acquitted all four people in a short order while a detailed order is due to be issued.

The Attorney General of Pakistan (AGP) has raised concerns over the acquittal and said it had noted with concern the acquittal since the AGP’s position was not sought.

A press release from the AGP Office read, “It is with concern that the Office of the Attorney-General for Pakistan has noted the acquittal of the accused in Criminal Appeal No 402/2019 titled ‘Shahrukh Jatoi v. The State thr. A.G. Sindh’ (Shahzeb Khan murder case) by the Supreme Court, without seeking the position of the Attorney-General. This is despite the instant case having already been adjudicated to be one of constitutional importance by the Supreme Court, which mandates seeking the assistance of the Attorney-General – as has been sought previously in petitions pertaining to the same matter.”

“2. Further, in the case of Muhammad Jibran Nasir v. State, the Attorney General for Pakistan Mr. Ashtar Ausaf All had already contended that the accused persons had committed an act of egregious terrorism, and that the impugned uittal order of the Sindh High Court dated 28.11.2017 was per incuriam in view of the Supreme Court’s own order that the accused be tried within the ambit of anti-terrorism provisions. The Attorney-General’s position was duly accepted in the judgment of the Supreme Court. reported as PLD 2018 SC 351.”

“3. Subsequently, convictions of the accused were upheld in appeal by the Sindh High Court, following convictions duly handed down after close consideration of the evidence at trial by the Learned Judge. Anti-Terrorism Court No. III, Karachi.”

“4. Be that as it may, in the event that the Apex Court has arrived at an outcome outside of its own previous pronouncements relating to anti terrorism offences, the Attorney-General’s assistance must regardless be sought as to the acceptance of compromise, the scope of fisad-fil-arz and the particular circumstances of the instant case a review of judgement would be eminent.”

“5. For all the aforementioned reasons, the Office of the Attorney-General will be filing a review petition against the judgment of the Supreme Court in Shahrukh Jatoi v. The State thr. AG Sindh pending issuance of detailed reasons, in the interest of justice.”

Shahzeb Khan murder case

In December 2012, a youth Shahzeb Khan had been killed by the children of influential families, Shahrukh Jatoi and Siraj Talpur, in Karachi when he resisted to protect her sister from the suspects.

After the fight had ended the Shahrukh and Siraj eventually traced Shahzeb again and gunned him down.

In 2013 the parents of the Shahzeb filed an affidavit with the court pardoning all four accused and requesting their release. The mother, Ambreen Aurangzeb was quoted as saying “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.”