While exonerating a man who was convicted of murder and handed down death sentence ten years ago, the Supreme Court on Wednesday summoned local magistrate over negligence of conducting identity parade thus excluding legal procedure in the matter.
In 2009, an Anti-Terrorism Court (ATC) had found Asfandyar guilty of murdering a student Adil Butt. According to story of the prosecution, Asfandyar had kidnapped Butt for ransom and killed him after the victim’s family failed to pay the money. The case was later heard by the Lahore High Court which overturned the ATC’s verdict and awarded life sentence.
Hearing appeal in the matter, a three-member bench of Chief Justice Asif Saeed Khan Khosa acquitted the accused on the grounds that prosecution failed to establish its story.
During the course of proceedings, the court came to know that improper identity parade of suspects of murder led to 10 years of imprisonment of an accused as the Chief Justice Khosa observed officials who are supposed to observe the law should be accountable.
Chief Justice Khosa asked what the reasons were as the ATC and Lahore High Court failed to observe the law in current matter, adding the top court cannot ignore law and grounds for sentence to a man.
He further pointed out that statements of witnesses are different in the number of men that were seen disposing of the victim’s body. Chief Justice also raised questions over the procedure that the police followed to determine the guilt of a suspect.
Chief Justice observed that witness’ statements appear to be recorded once after the suspect was apprehended wondering how police reached the suspect. To which counsel for
Asfandyar submitted that an informer had disclosed to police about the suspect’s involvement in the murder. Consequently, the police reached to a decision that the suspect had disposed of dead body in a stream.
Chief Justice Khosa said that police apprehended culprit immediately but false witnesses damaged a case saying the court would have to ensure that law is being observed. Summoning the magistrate in the matter the court adjourned the hearing till February 22.
Published in Daily Times, February 13th 2019.
