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20000225

Hearing in petition for serial killing case trial by special court put off

RECORDER REPORT

LAHORE: The Chief Justice of the Lahore High Court (LHC) adjourned till February 25, the proceedings for further hearing a petition filed by Aftab Ahmed Bajwa praying the court to send the serial killer's case to a special court.

The LHC directed the law officer(Yasmin Saigol) to assist the court on the law point, whether the case could be sent to the special anti-terrorism court or not.

The court passed these orders when the law officer contended before the court that the serial killings incident did not fall within the purview of terrorism.

She contended that only three children were killed in the incident and hence it could not be sent to the special court for its trial.

Special prosecutor Mohammad Asghar Ropri contended before the court that the accused had killed 103 children, therefore, this was a case of heinous nature and it should be tried by the special court.

The court observed that if the police sent a challan to the court, which did not have jurisdiction to proceed with the case, then the court itself should refer the case to the court of original jurisdiction.

Earlier the Chief Justice asked the petitioner Aftab Ahmed Bajwa, as how he could appear before the court on behalf of the bar associations in the present serial case.

He contended that out of 100 victims only three or four relatives had approached the court for relief while rest of them, perhaps, did not approach under the police pressure. And those, who approached the court later withdrew their petitions under the police pressure.

He said in this situation one should only approach the court through some forum so that police could not pressurize.

The law officer, the special prosecutor and the counsel of the accused objected that the petitioner could not approach the court because, he did not have locus standi.

The petitioner presented some citations and contended that the court could take suo motu notice over the illegal proceedings of some sub-ordinate court.

He said the incident was so heinous that it jolted the entire country and people began to feel unsecured.

The court, agreeing with the petitioner, directed the law officer to appear before the court on February 25.

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