Mashal’s father asks PHC to transfer case to any other district

PESHAWAR: Citing serious security problems and safety of the witnesses, lawyers and judge, father of deceased Mashal Khan on Saturday filed an application in the Peshawar High Court (PHC) seeking transfer of trial of his son’s murder case from Anti-Terrorism Court in Mardan to Haripur or another district of the province.

Mashal Khan’s father Mohammad Iqbal Khan, son of Sardar Ali and resident of Babukhel village in Swabi district, filed an application in the PHC through his lawyer Abdul Latif Afridi for transfer of the case from Anti-Terrorism Court, Mardan, to Anti-Terrorism Court, Haripur, or another district.

It was submitted that lawyers from Mardan have refused to represent Mashal Khan in the case.

Mohammad Iqbal filed the application after a joint investigation team (JIT) finalised its report in the case of Mashal Khan’s lynching. It absolved Mashal Khan of the charges of committing blasphemy and holding some officials of Abdul Wali Khan University Mardan, several fellow students and certain outsiders responsible for his killing.

“To cover up the real motive behind the murder of Mashal Khan, the deceased was accused of having allegedly committed blasphemy. These charges have been proved false and fabricated in the investigation conducted by the JIT and thus it was a sensitive nature case in Mardan,” the application stated.

It was stated that 57 accused have been arrested, while some others are absconders. It said that trial of such a big number of accused with many witnesses and supporters of both the sides can result in confrontation between the parties and thus a serious law and order situation can be created.

“The petitioner belongs to a lower middle-class family and thus is facing serious security problem and, therefore, has apprehensions from the opposite side which include very influential persons and families as well as people of all shades and colours,” Mohammad Iqbal stated in the application put before the high court.

It was stated that the example of hostel warden Ali Nawaz can be quoted, who being an important witness was called to the university on telephone and while coming on motorcycle he was hit by a car and seriously injured but nobody took notice of the accident.

The petition pointed out that the number of accused, witnesses and lawyers of all parties to the case would essentially consume sufficient time and the trial shall not conclude in many months.

“This will itself create serious pressure on both the witnesses as well as the family of the petitioner for compromise and for making hostile the witnesses,” it argued.

It was also stated that an open trial of a case of such nature is not possible and thus the trial has to be conducted in the prison to ensure safety of witnesses, lawyers and judges.

It was submitted that most of the accused belong to Mardan district and the atmosphere in Mardan is not congenial to outsiders. It claimed that lawyers of Mardan have refused to represent Mashal Khan in the trial.

The application noted that on the occasion of the Chehlum and Quran Khwani for Mashal Khan in his native Swabi, the accused side wanted to hold a musical programme in Mardan and this too showed that trial in Mardan cannot be held fairly and justly.

“The accused of the brutal murder of Mashal Khan are not without friends, hence Deeni Mahaz also appeared in public and the murderers were hailed as ‘Ghazis’,” the application pointed out.

The application quoted press reports that stated that investigation in the case had been completed and the Challan of the case transferred to district public prosecutor for onward submission in the Anti-Terrorism Court in Mardan.