KARACHI, Feb 25: A lawyer representing the prime suspect in the Shahzeb murder case challenged on Monday the trial of his client and others under the anti-terror law and sought transfer of the case to a regular court.

Prime suspect Shahrukh Jatoi, Nawab Siraj Ali Talpur, his younger brother Nawab Sajjad Ali Talpur and their house servant Ghulam Murtaza Lashari have been booked and arrested for allegedly killing 20-year-old Shahzeb in Defence Housing Authority on the night of Dec 24, 2012.

Shahrukh’s counsel Shaukat Zubedi moved an application under Section 23 (power to transfer cases to regular courts) of the Anti-Terrorism Act, 1997 in the Anti-Terrorism Court-III, which had recently accepted a charge-sheet against the suspects for trial by overruling the opinion of the public prosecutor that the offences did not fall within the ambit of the ATA.

He claimed that the element of fear and insecurity as well as a motive for the murder was missing in the FIR and the investigation officer appeared to be deliberately trying to bring the case within the ambit of the ATA.

The counsel further argued that the IO had not made any specific allegation against the suspects in order to bring the alleged offence within the provisions of Sections 6 and 7 of the ATA.

He contended that the IO had levelled allegations of causing fear and insecurity not against any of the suspects, but against TV channels for giving extensive coverage to the event. Thus, he argued that the offence did not fall under the jurisdiction of the ATC.

The counsel prayed to the court to transfer the case to a regular court for trial.

Judge Ghulam Mustafa Memon of the ATC-III issued notices to the special public prosecutor and the lawyer of the complainant for Tuesday.

On Feb 22, the court accepted the charge-sheet for trial after disagreeing with a scrutiny note of the prosecutor that Sections 6 and 7 of the ATA were not applicable to the said crime as the element of terrorism was missing.

According to the prosecution, the victim had an altercation with the suspects since their servant tried to tease his sister and later the issue was settled by some elders, but the suspects had allegedly killed the victim by opening indiscriminate fire on his vehicle on the night of Dec 24 in Phase V of the Defence Housing Authority.

The suspects were charge-sheeted under Sections 302 (premeditated murder), 354 (assault or criminal force to woman with intent to outrage her modestly), 216 (harbouring offender who has escaped from custody whose apprehension has been ordered) 109 (abetment) and 34 (common intention) of the Pakistan Penal Code read with Section 7 of the ATA.

Nawab Ali Jatoi, a brother of Shahrukh, Salman Jatoi, Khurram Mohammad and Asif Lund were shown absconders in the charge-sheet for abetting the crime and helping the main suspect to escape from the country after the incident. Sikandar Ali Jatoi, father of Shahrukh Jatoi, had already been released under Section 497 (ii) of the criminal procedure code for lack of evidence.

The police also booked Shahrukh in another case (FIR 32/13) under Section 13-E of the Pakistan Arms Ordinance, 1965 while the suspect along with employees of a travel agency and a foreign airline was also named in yet another case by the Federal Investigation Agency about his escape to Dubai.

The Supreme Court had also taken suo motu notice in the present case and recently directed the trial court to decide the case within seven days.