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SC bars authorities from arresting PTI chairman in lawyer murder case till Aug 9Breaking

July 24, 2023

The Supreme Court (SC) on Monday barred authorities from arresting PTI Chairman Imran Khan till August 9 in a case pertaining to the murder of lawyer Abdul Razzaq Shar in Quetta. A three-member bench led by Justice Yahya Afridi and comprising Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Mussarat Hilali issued the directives while hearing Imran’s plea seeking to quash the case. On June 6, Shar was fatally shot by unidentified assailants near Alamo Chowk on Airport Road. According to the police, the attack occurred while he was en route to the Balochistan High Court (BHC), targeted by unknown individuals wielding automatic weapons. The government and the PTI had traded blame over the incident, with both sides accusing the other of having a role in the killing. Prime minister’s aide Attaullah Tarar had alleged that the lawyer was killed at the behest of Imran to allegedly evade accountability in a treason case while PTI spokesperson Raoof Hassan had accused Prime Minister Shehbaz Sharif and Interior Minister Rana Sanaullah of being behind the murder.

It may be recalled that Shar had filed a constitutional petition against the PTI chief in the Balochistan High Court, seeking proceedings against the ex-premier under Article 6 that pertained to high treason. Subsequently, a first information report (FIR) was registered on the complaint of Shar’s son, Advocate Siraj Ahmed, at Quetta’s Shaheed Jamil police station against Imran. An anti-terrorism court (ATC) had subsequently issued Imran’s arrest warrants in the case, which were later upheld by the BHC. Imran had then approached the apex court to quash the FIR registered against him. During the previous hearing on June 20, the bench had directed the ex-premier to submit before it in person before asking for the annulment of the FIR and warrants of arrest. The hearing Imran appeared before the SC during Monday hearing alongside his lawyers. At the outset of the hearing, the Balochistan advocate general urged the SC to instruct the petitioner to appear before the joint investigation team (JIT) tasked with probing the murder.

In response, Justice Afridi stated that the court would not issue such an order at this stage. “On what grounds do you wish to include the PTI chairman in the investigation?” asked Justice Naqvi. The advocate general said that the FIR justified the PTI chief’s inclusion in the probe. While rejecting the Balochistan government’s request, the court also rejected Imran’s plea for adjourning the hearing for a later date. Justice Afridi remarked that the investigation report in the case had been submitted and the court had to examine the facts. The court directed the PTI chief to appear at the next hearing scheduled for August 9. IG submits investigation report Prior to today’s hearing, the lawyer for Balochistan Inspector General (IG) Abdul Khalique Shaikh submitted the investigation report in the case with the apex court. The report gave a synopsis of the case, saying that the slain lawyer’s son believed that Imran and his party workers had killed his father because of the petition he had filed with the BHC. It added that the son was told by Shar a day before the incident took place that he had been receiving “threats of dire consequences” after filing the petition.

The report further said that three others — Asghar Ali, Najab Ali and Sardar Khan — were also nominated in the case later. The report said that the investigation officer then carried out all legal formalities of the initial probe, and also collected evidence which was later sent for analysis. The statements of the eye witness and the circumstantial witness were also recorded, it said. “Geo-fencing was also carried out and the call detail record (CDR) of the phone number of the eye witness and the deceased were obtained. The CCTV footage of the nearby places of the crime scene was also obtained and sent for analysis to Punjab Forensic Science Agency (PFSA),” it said. The report further noted that seven-member joint investigation team (JIT) was formed in the case and its first meeting was held on June 12 where the case record was scrutinised. The report said that seventh meeting of the JIT was held on July 17. It said accused Asghar and Najab were not found in their homes and notices were again displayed on their doors but they failed to appear. It said that the PTI chief was also told to appear at the next meeting, which was scheduled for July 21. “So far, arrest of the accused and further investigation is under way. All resources are being used for the said purpose,” the report said.

Credit: Independent News Pakistan (INP)