PESHAWAR: The suspected teenage killer of an under-trial blasphemy accused has moved the Peshawar High Court against an anti-terrorism court’s order for the determination of his age through medical examination.

The suspect, who was arrested after he allegedly killed US national Tahir Ahmad Naseem inside a courtroom on July 29, has field a revision petition requesting the high court to set aside the Sept 8 order of the ATC No III and order his trial under the Juvenile Justice System Act, 2018.

PHC Chief Justice Waqar Ahmad Seth will hear the petition on Sept 14.

The FIR of the killing of the under-trial blasphemy accused was registered at the East Cantonment Police Station under Section 302 of the Pakistan Penal Code, Section 7 of the Anti-Terrorism Act and Section 15 of the Arms Act.

The petitioner claimed that his school documents proved that he was under 18 years of age and therefore, he was a child in line with the definition mentioned in the Juvenile Justice Act, 2018.

He said in the presence of the relevant documents, the ATC No III had no legal powers to order the determination of his age through medical examination.

He also requests high court to order transfer of his trial from ATC

The petitioner, whose lawyers are Shabbir Hussain Gigyani and Enam Khan Yousafzai, said the investigation officers had inquired about the age of the suspect and had mentioned it as 17 years.

He said the court before which he was initially produced had also mentioned his age as 17 years on Aug 3.

The petitioner said when the case was entrusted for trial to ATC-III, the presiding officer while ignoring the relevant documents and overriding the mandate of law, referred him for medical examination for determination of his age on Sept 8.

The petitioner contended that the trial court had erred in law by non-treating the petitioner as ‘child’ on strength of his school certificate and preferring him for medical examination in violation of Section 9 of the JJSA.

He said Section 8 of the JJSA provided that the investigation officer of in-charge of a police station shall determine age of an accused on basis of his birth certificate, educational certificate or any other pertinent documents and in absence of such documents his age may be determined on basis of medical examination report by a medical officer.

The petitioner said the section further declared that when an accused who physically appears to be a juvenile is brought before a court the court shall record its findings regarding his age on the basis of available record including report submitted by the police or medical examination report by a medical officer.

Meanwhile, the petitioner has filed another petition with the high court seeking the transfer of his trial from ATC-III to any other court of the competent jurisdiction.

The petition, which was filed under Section 28 of Anti-Terrorism Act, 1997, read with Section 526 of Code of Criminal Procedure, said on the directions of the administrative judge ATC (ATC-II), the prosecution submitted complete challan against the petitioner for trial on Sept 7.

The petitioner said the case was entrusted to the ATC-III for trial after the submission of challan.

His father has given affidavit that at very initial stage, during the custody proceedings, the judge of the ATC-III had expressed his judicial mind about guilt of the petitioner and even about the quantum of the sentence.

He said in view of the pre-judgment determination and expression about the guilt of the petitioner and even about quantum of sentence, there was reasonable apprehensions in his mind for not having an impartial trial.

Apart from present suspect, junior lawyer Tufail Zia has also been arrested in the instant case on charges of providing pistol too the prime suspect inside the Judicial Complex.

His bail plea will also be heard by an ATC on Sept 14.

Published in Dawn, September 13th, 2020