ISLAMABAD: The Supreme Court (SC) on Wednesday ruled for taking the murder case of family members of Nayab Umrani to a logical conclusion.
A three-member bench of the apex court, headed by Chief Justice Umar Ata Bandial, heard the case filed by Nayab Sikandar Umrani. Nayab Umrani had filed a petition in July 2018 wherein she alleged that her brothers were murdered in a series of attacks in 2015 and on May 31, 2018 her elder sister Sanam Umrani, who was a lawyer and contesting her brothers' murder case, was also killed by the same people.
During the course of hearing, Chief Justice Umer Ata Bandial observed that they wanted to take the instant matter to a logical conclusion. The CJP further observed that the case was linked with basic human rights adding that basic human rights are looked into when there is a matter of large scale public importance.
“We want to take the matter to its logical conclusion,” the CJP remarked and asked Faisal Siddiqui, counsel for Nayab Umrani, to assist the court in transfer of the case as well as recording of statement of the petitioner. The court also asked the counsel to take into account the aspect of civil rights of the petitioner. Siddiqui submitted that the instant case has two dimensons, including a property dispute and the murder of petitioner's sister, which is a criminal matter as her stepbrothers had killed four members of her family. He further submitted that Nayab could not go to Jacobabad for attending her sister’s trial due to security reasons, adding that the court had given an option for conducting the trial in jail.
The counsel further submitted that the court had already issued its order pertaining to civil rights issue adding that as long as the issue of property remains, the killings will continue. The property dispute has not been resolved, the counsel submitted and added that the stepbrothers had deprived her of property. The Chief Justice, however, observed that it’s a personal matter to which the counsel replied that although it is a personal matter but the court had issued an order in this regard.
Kamran Murtaza, counsel for another petitioner who wants to buy land from Nayab Umrani, told the court that they don’t want to interfere in her Sharia rights adding that whatever she deserves, she must be given. Justice Qazi Muhammad Amin Ahmed observed that it is not fair that you keep the land and don’t pay the amount as well. On the last hearing, the court had ordered to clear the land from occupants, for which the payment was not made, Justice Qazi Amin recalled. The chief justice asked counsel Kamran Murtaza to look into the matter in a positive manner, adding that the petitioner Nayab Umrani does not understand the legal points.
Similarly, Raja Amir Abbas, counsel for the alleged killer of Sanam, sister of Nayab Umrani, told the court that in view of the apex court’s order, the trial has stopped and his client's bail application was still pending. Justice Qazi Muhammad Amin Ahmed observed that the court wants a fair trial and the accused also has the right of fair trial. “But the court has to protect the rights of the petitioner Nayab as well," Justice Amin remarked adding that the court was determining the place of trial and once the place of trial is decided, then the issue of bail will also be taken up.
Faisal Siddiqui, counsel for Nayab Umrani, submitted that two persons were already given bail, alleging that the accused were granted bail through some secret pressure. Later, the court adjourned the hearing on the request of Faisal Siddiqui asking the counsel to submit his formulations.
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