Mashal lynching case: PHC admits appeals against acquittal of 26 accused

PESHAWAR: Admitting appeals against the acquittal of 26 accused persons for regular hearing in the Mashal Khan lynching case, the Peshawar High Court (PHC) on Tuesday issued bailable warrant for their arrest and directed them to furnish two sureties in the sum of Rs100,000 each in the Anti-Terrorism Court in Mardan.

A two-member bench comprising Justice Qalandar Ali Khan and Justice Ishtiaq Ibrahim also admitted appeals seeking to enhance the sentence of the convicted persons under the relevant sections of law in the case. The bench issued notices to all the acquitted and convicted persons in the Mashal Khan case for a date to be fixed by the office.

The bench also admitted all the appeals by the convicted persons against their conviction for regular hearing and issued notice to respondents.

The order stated that Additional Advocate General Mian Arshad Jan appeared for the provincial government and Muhammad Ayaz Khan, counsel for Aimal Iqbal Khan, brother of Mashal Khan, in the appeals against acquittal of 26 accused persons.

“Inter alia, contended that a case of criminal conspiracy having been proved preceding lynching and qatl-i-amd in the prosecution of common object of all the accused involved in the gruesome murder of Mashal Khan as there was no ground whatsoever for acquittal of some of the accused/respondents, who had played active role in the premeditated qatl-i-amd of the deceased,” the order stated.

The bench stated that the contentions of the additional advocate general required consideration, together with reappraisal of evidence available on the file in light of submissions at the bar during hearing of the appeals.

The bench ordered that appeal against acquittal of 26 respondents is admitted for regular hearing and be fixed on a date by office along with all connected appeals. “Meanwhile, bailable warrants of arrest be issued against the respondents in the sum of Rs100,000 with two sureties, each, in the like amount to the satisfaction of learned judge, Anti-Terrorism Court, Mardan,” the order stated.

The bench also admitted the provincial government’s appeal filed for enhancement of sentence to the 25 convicts, who were awarded three years sentence by the Anti-terrorism Court in the Mashal case.

The state had challenged acquittal of the 25 accused in sections 302, 324, 120-B, 427 Pakistan Penal Code (PPC), section 7 and 7(B)/21-I of Anti-Terrorism Act and 15 AA of KPK.

The bench also admitted the state appeal for regular hearing seeking enhancement to death penalty from life imprisonment to the five convicted persons.

It said that the law officer contended that the respondents deserved a normal penalty of death for the offences for which they were charged. The learned additional advocate general further contended that the trial court showed leniency in the matter of sentence and were awarded lesser penalty of life imprisonment.

The bench was hearing appeals filed by Khyber Pakhtunkhwa government in the Mashal lynching case for conviction and punishment to the 26 accused who were acquitted and enhancement of sentence to those already convicted.

The provincial government had filed three appeals through Advocate General office against the decision of the Anti-Terrorism Court in Abbottabad. The state claimed that the trial court had committed a grave error and illegality by acquitting the 26 accused/respondents as a plethora of evidence was produced by the prosecution against them.

In the first appeal filed under section 25 of Anti-Terrorism Act against the acquittal of 26 accused, the state submitted before the high court that the trial court had acquitted the accused of the charges levelled against them and their co-accused have been found guilty and convicted in the Mashal murder case.

The appeal requested the high court to set aside the trial court’s decision to the extent of the acquittal of the accused and they may be convicted and sentenced under the various provisions of law.

It said that all the prosecution witnesses remained constant and their evidence was trustworthy and above board. It added this is the reason the same evidence was used against the co-accused to get their conviction. “There is overwhelming evidence against the accused/respondents in shape of direct/ circumstantial evidence which could be used for the conviction by the trial court; however, that has been totally ignored,” the state claimed in the appeals.

It pointed out that there is consistent statement of the prosecution witnesses which have been supported and corroborated by medical evidence, FSL report, blood stained articles, DNA and armed experts report along with the confession statement of some of the accused in the case.