“The eye witnesses in Lahore’s Zain murder case retracted their statements after receiving money from the accused,” Additional Advocate General (AAG) Punjab Razzaq A Mirza told the Supreme Court earlier today.
A three-member bench headed by Justice Amir Hani Muslim commenced suo motu hearing about the acquittal of the accused in the murder case today.
AAG Mirza informed the court that the provincial government would file a petition against the acquittal of the five accused.
During the hearing, Justice Manzoor Ahmed Malik asked the prosecutor why the witnesses had retracted their statements in the case.
The Punjab prosecutor replied that many of the witnesses are property dealers who withdrew their statements after receiving money from the accused.
Justice Sardar Tariq Masood asked if evidence against the accused existed which could lead to their sentence. He also asked why the statements of the witnesses were not recorded under Article 164.
The prosecutor replied that evidence is present under which the accused could be sentenced.
The court summoned relatives and prosecution witnesses in the next hearing and directed Inspector General Punjab to present the relatives and witnesses under security. The hearing was subsequently adjourned to Nov 16.
Chief Justice of Pakistan Justice Anwar Zaheer Jamali had in October taken suo motu notice of acquittal of Mustafa Kanju, son of former minister of state Siddique Kanju, by a Lahore Anti-Terrorism Court in Zain murder case.
The Supreme Court had summoned record of the case from the trial court on Oct 30. The record was provided to the apex court.
But he was acquitted of all charges by ATC-I Presiding Judge Muhammad Qasim on Oct 28 because of lack of evidence, although the trial court had indicted him for killing 16-year-old Zain and injuring Husain, 18.
As per the prosecution, Kanju was allegedly drunk when his luxury car hit another car driven by a woman, who was never identified by the investigators. It said Kanju got infuriated and opened fire at his opponent party. However, the woman had already driven away from the scene and Zain and Husain, the passers-by, were hit by the firing.
Zain succumbed to his injuries at a local hospital. Kanju had escaped from the scene and later was arrested from Khushab.
Gulberg police had lodged FIR against Kanju and his guards under section 7-ATA and section 302 of PPC. In this case, the prosecution had also filed a petition before the Lahore High Court with a request to transfer the trial to some other judge expressing distrust of the incumbent.
The ATC later released the accused after they submitted an application under Section 265-K of the Criminal Procedure Code as the complainant and all prosecution witnesses had not testified against them.
