After CJP’s notice, speedy hearings in Briton Fahad’s murder case

LONDON: After Chief Justice of Pakistan Mian Saqib Nisar took notice of the matter, an Anti-Terrorism Court (ATC) of Islamabad is conducting day-to-day hearing of British Pakistani Barrister Fahad Malik’s murder case.

The case of Barrister Fahad Malik’s killing was raised by a group of British MPs during a meeting with Chief Justice Saqib Nisar in the House of Commons. When the MPs drew attention of the CJP towards the case of the Briton who was killed in Islamabad more than two years ago, the CJP remarked that there has been a delay and stressed that he himself had taken notice of this case and instructed that the matter be finalised in one month. Justice Saqib Nisar said that he called the anti-terrorism court (ATC) judge to the Supreme Court and asked him about the delays in Fahad Malik’s case. The CJP had assured that justice will be done and acknowledged that Pakistan greatly valued overseas Pakistanis.

The chief justice had looked into the matter after the deceased’s brother Jawad Malik filed an application before the Human Rights Cell of the Supreme Court a month ago requesting for speedy trial and justice in his brother’s murder case. He had written to the Chief Justice that despite the passage of over two years, the trial of the case has not even commenced.

“Surprisingly in December 2016, pursuant to FIR No. 239/2016, lodged at Shalimar Police Station F-10 Islamabad, Judge of Anti-Terrorism Court No. 1 after taking cognisance of the matter and before the commencement of the trial passed an order removing terrorism clauses and transferred the case to the courts of ordinary jurisdiction.”

He wrote that the case was transferred back to anti-terrorism court by a division bench of Islamabad High Court in July 2018, with a direction to conclude the trial within 60 days but “as it appears that after a lapse of more than three months, the trial not even begun (contrary to directions of the high court).”

“Accordingly, I beseech your kind self, to please take serious notice of this matter and pass appropriate orders on our application. Without your notice, we have no hope for justice.”

The ATC has thereafter framed charges on the accused and commenced trial of the case. So far 10 witnesses have appeared before the court to record their statements. However, it is said that 10 witnesses still remain.

Three accused have been indicted in the case including Raja Arshad Mehmood, Nouman Yaqoob Khokhar and Raja Hashim Khan. The Shalimar police had booked the accused after Fahad Malik was gunned down in F-10/3 in the early hours of August 15, 2016.

The last hearing took place on Thursday 29 November where the prosecution completed the examination-in-chief of one witness whereas the cross-examination of the witness was not conducted due to the absence of the senior defence counsel. The case has been adjourned to Tuesday 4th December.