KARACHI: A judicial magistrate has ruled that Pakistan Peoples Party lawmaker Jam Awais Bijar and his nine servants will face trial in a case pertaining to allegedly murdering Nazim Jokhio, facilitating the offence and concealing evidence.

Judicial Magistrate (Malir) Altaf Hussain Tunio, who pronounced the order on the final charge sheet submitted by the police in the case, held that “grounds exist to believe that offence is committed. Therefore, cognizance is taken on the report for the offences under Sections 302 (premeditated murder), 201 (causing disappearance of evidence of offence, or giving false information to screen offender), 365 (kidnapping), 506 (criminal intimidation), 109 (abetment) and 34 (common intention) of the Pakistan Penal Code.”

The magistrate sent the matter to the relevant sessions court for trial of the suspects.

He ruled that held MPA’s nine servants/guards — Haider, Meer Ali, Mairaj, Doda Khan, Muhammad Soomar, Niaz Salar, Ahmed Shoro, Zahid and Muhammad Saleem — will also stand trial.

PPP MPA, nine others to face trial; court discharges MNA Karim due to ‘insufficient evidence’

However, the judge discharged from the case MNA Jam Abdul Karim, the elder brother of Jam Awais, Abdul Razzaq, Muhammad Khan, Muhammad Ishaque, Atta Muhammad and Jamal due to ‘insufficient evidence’ against them.

In his written order issued on Monday, the judge noted that initially the police had booked five suspects, but in the interim charge sheet, the IO had shown MPA Awais, Meer Ali and Haider Ali in custody while Muhammad Mairaj, Jamal Ahmed and Abdul Razzaq were shown absconders.

He noted that subsequently suspect Ahmed Shoro, who was nominated in the FIR, was let off by the IO in the final report by placing his name in the column-II in blue ink due to insufficient evidence.

Further, the name of detained MPA Jam Awais was also placed in the column-II in blue ink in the third charge sheet submitted to an antiterrorism court, he added.

The judge noted that the IO had filed an interim charge sheet under Sections 302, 34, 365, 201 and 109 of the Pakistan Penal Code, showing six suspects — MPA Jam Awais, Haider Ali, Meer Ali, Muhammad Mairaj, Jamal Ahmed alias Jamal Wahid and Abdul Razzaq in judicial custody, five suspects on pre-arrest bail and four suspects including MNA Karim as absconders.

During the course of investigation, the IO had deleted Sections 365 and 109 from the case.

The court noted that in the final charge sheet the IO left off/released 13 suspects including MPA Awais, MNA Jam Karim and others for want of evidence.

“Record showed that the IO in his report has not mentioned the facts and circumstances which warranted release/let off of accused from the charge. Further, perusal shows that accused Jam Awais was nominated in the FIR and the witnesses in their initial statements have also implicated him in the crime and his name was placed in the column-II of the interim and final charge sheets dated Oct 4 and Dec 10, 2021,” the magistrate stated.

“At this stage, I may add that it is settled now that the report of investigating officer under Section 173 CrPC is not binding upon the court and the court may agree or disagree with the report, submitted by the I/O. Subsequently, his [Jam Awais’s] name was placed in the third charge sheet with blue ink on the basis of affidavits given by the complainant [Muhammad Afzal Jokhio] as well as the deceased’s wife [Shirin] and on their further statements, forgiving the accused in the name of Allah Almighty,” the order said.

However, the magistrate ruled that since the accused had been let off on the basis of a compromise, “which is not the domain of the IO rather it is the domain/authority/competency of the trial court to effect compromise or otherwise. Hence, not agreeing with the report of the IO the accused, who have been let off by the IO despite their nomination in the FIR, they are all joined as accused in the crime and would stand/face the trial before the trial court,” the magistrate ruled.

Published in Dawn, July 19th, 2022