KARACHI: Pakistan’s top court on Tuesday acquitted the prime suspects and their co-accused for the murder of a police officer’s son, reigniting social media outrage over a case that has gripped the nation for almost a decade since the killing took place in the southern port city of Karachi in 2012.
On the night of December 24, 2012, 20-year-old Shahzeb Khan, the son of a deputy superintendent of police (DSP), was gunned down in Karachi’s Defense Housing Authority while returning home from a wedding with his sister. The murder took place after Khan got into a fight with Ghulam Murtaza Lashari, the staff member of a wealthy feudal family, for threatening and harassing his sister. As the conflict intensified, Siraj Talpur, Lashari’s employer, and one of his friends, Shahrukh Jatoi, went after Khan and gunned him down.
Then chief justice Iftikhar Chaudhry took suo motu notice of the incident, which sparked widespread outrage on mainstream and social media and was seen as a test case of whether members of the country’s privileged elite could be held accountable by the law.
In 2013, an Anti-Terrorism Court awarded death sentences to Jatoi and Talpur and a life sentence to Lashari.
“A three-member bench of the Supreme Court, headed by Justice Ijazul Ahsan, has acquitted Shahrukh Jatoi and other accused today after squashing terrorism charges against them,” Jatoi’s lawyer, Latif Khosa, told Arab News, saying the court had also acquitted Talpur.
“The three-member bench observed that terrorism charges didn’t apply to a murder case that happened at midnight,” the lawyer said, adding that the apex court’s order would reach the jail through the Sindh High Court and his client would be released after that.
A few months after the ATC handed down death sentences to the key accused in 2013, Khan’s parents had issued a formal pardon for the convicts, which was approved by the Sindh High Court (SHC).
Despite the pardon, however, the death penalty was upheld because the charges included that of terrorism. In 2017, the murder case took a dramatic turn when the Sindh High Court dropped the terror charges and ordered a retrial, striking down the death penalty awarded to the convicts by the ATC and converting it into life imprisonment.
In its order, the SHC said an act of revenge over personal enmity did not equate to an act of terrorism. The convicts then approached the Supreme Court against the life sentences.
Pakistani law allows criminal cases against those charged with a killing to be dropped if the families of their victims forgive them, or accept a “blood money” offering instead.
The forgiveness option in the law can effectively waive a complainant’s right to seek the punishment of the accused. Changing the law to remove the possibility of “forgiveness” could help cut the number of killings in Pakistan, experts have long argued.
“The rich and powerful exploit provision of compromise in our legal system to get away with murder of the weak & poor,” lawyer and activist Jibran Nasir said after Tuesday’s SC verdict.
“If this judgment doesn’t demonstrate that there are different standards applied in our law for the rich and powerful then I don’t know what does,” lawyer Hassan A Niazi tweeted.
“Shahrukh Jatoi’ acquittal proves that it is almost impossible to convict the elite in Pakistan,” journalist Maria Memon said.