The Anti-Terrorism Court (ATC) verdict, which acquitted the accused in Maulana Azam Tariq murder case, has been challenged in the Islamabad High Court.
The state through advocate general of Islamabad filed an appeal against the ATC judgment dated March 5, 2018. It prayed that the decision of ATC should be set aside in the best interest of justice. It said that the accused be convicted as there are evidence against him beyond shadow of doubt.
Special Judge Anti-Terrorism Court, Islamabad, Shahrukh Arjumand on March 5, 2018 had acquitted the accused Syed Muhammad Sabtain Kazmi.
The appellant contended that the verdict of ATC was unlawful and arbitrary without any legal justification, saying the same is not sustainable in the eye of the law. He said the order has been passed in a slipshod and hasty manner and the trial court has not applied its judicial mind, while passing the impugned order.
He contended that the trial court has not taken into consideration the gravity of the offence coupled with the importance and the verdict was passed in clear violation of settled principles of law.
According to the appeal, the accused is nominated in the FIR No 199/2003 registered at police station Golra Sharif, Islamabad, and incriminating evidence is available on record to connect him with the commission of offence, as the trial court has not exercised its discretion judiciously.
The appellant contended that the reason for acquittal of respondent recorded by the trial court is not in accordance with the law and the court has exercised its jurisdiction illegally and unlawfully.
The AG Islamabad said that the order of the ATC is not sustainable in the eyes of the law and is liable to be set aside as the trial court failed to provide ample opportunity of recording evidence.
According to the FIR lodged by Muhammad Alam Tariq, brother of deceased Maulana Azam Tariq, on 06-10-2003, the assailants including Sabtain Kazmi opened fire at his car killing all including his brother.
Five persons including driver Muhammad Asghar, Maulana Azam Tariq, gunman Mumtaz, Muhammad Israr and Zia-ur-Rehman got injured. The accused Sabtain Kazmi had remained absconder but was arrested on 11-05-2017. The police filed the supplementary challan against him and the trial commenced on 13-06-2017 and the ATC decided the matter on 05-03-2018.