ISLAMABAD: Visibly in distress, the mother of slain Zain Rauf told the Supreme Court on Monday that she had no means to fight with the killers of his son who were very powerful and influential.

Along with her two daughters, Ghazala Rauf appeared before a three-judge Supreme Court bench headed by Justice Amir Hani Muslim and said that she has accepted the great loss of her son as the will of the God and does not have any resource to fight with these people.

While talking to reporters outside the Supreme Court, she also brushed aside the impression that she was under any pressure but asserted that she had not forgiven or pardoned the killers of her son but she does not want to pursue the case anymore.

On a suo motu the apex court had taken notice on the acquittal by Lahore Anti Terrorism Court (ATC) of five suspects including Mustafa Kanju — the son of former minister of state Siddique Kanju — in the Zain murder case.

At the last hearing on November 10, the apex court had summoned the complainants and eye witnesses in the Zain murder case.

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On Monday the court held chamber hearing in which the mother and two daughters were summoned and later ordered the inspector general of Punjab police to take the victim’s family in protective custody and asked the prosecutors to provide the record of the appeal moved by the provincial government in the Lahore High Court (LHC) against the decision of trial court.

At the last hearing on Nov 10, prosecution had told the apex court that the complainants and eye witnesses in the Zain murder case had recanted from their earlier statements deposed before ATC after they were reportedly pressurised and offered monetary inducement that led them to sign on the blank papers.

Inside the courtroom the bench asked the mother to narrate what had happened on the fateful day when her son was killed.

Ghazala Rauf replied that she had come on court’s asking and that she had two daughters and cannot fight with the influential people.

The court, however, comforted the grief stricken mother and told her that “she does not need to be afraid of any one as no one, not even the police, can harass her”, adding that “the state will now contest the matter since it has become its responsibility to bring the criminals to justice”.

The court also observed that it will decide the matter in accordance with the law. “The way the case was heard prima facie, it seems ATC judge has not done justice,” regretted Justice Muslim.

Ghazala replied in negative when the court asked whether her brother Sohail Afzal became complainant in the case with her consent.

The prosecutor general of Punjab, Syed Ehtesham Qadir, told the court that the provincial government has already challenged the acquittal of the accused persons before LHC, adding that propriety demanded that the apex court should let the LHC decide the appeal so that it may not cause any prejudice to any party.

“Should we wash of our hands,” Justice Muslim observed adding that "Punjab approached the high court only after the Supreme Court took suo motu notice".

When asked, Qadir said none of the accused had fled the country, adding that the official witnesses were not examined by the trial court, besides the prosecution was not given proper opportunity to present their case.

The prosecutor general also regretted that Sohail Afzal signed the blank paper and resiled from the statement he deposed before the trial court which stated that he was the eyewitness of the murder of his nephew.

The Supreme Court was also not happy with the fact that ASI Mehboob Alam — who witnessed what is believed to be payment of money for retracting from their earlier stance before the trial court within the trial court premises — first went to register an FIR and then arrested the accused when "it should have been the other way round".

Mustafa Kanju along with his four guards had allegedly opened fire on a vehicle near Cavalry Ground area Lahore on April 1 killing Zain along with a passerby.

But the accused were acquitted of all charges by ATC-I Judge Muhammad Qasim on lack of evidence on October 28, though earlier the trial court had indicted the suspects for killing 16-year-old Zain and injuring Husain, 18, a passerby.

ATC had ordered the release of the accused after they moved an application before the trial court under Section 265-K CrPC seeking acquittal of all charges after complainant of the case and all prosecution witnesses did not testify against them.