Notices to respondents in Jokhio murder case.

KARACHI -- The Sindh High Court on Thursday issued notices to the prosecutor general of Sindh and others on a criminal revision application filed against the order of an anti-terrorism court for transferring Nazim Jokhio murder case to a regular court for trial.

A two-judge bench headed by Justice Mohammad Junaid Ghaffar also put all suspects, including two lawmakers of Pakistan Peoples Party, and the complainant side on notice with direction to file replies till next hearing.

The applicant, Advocate Mazhar Ali Junejo, contended that he was a close friend of the deceased and a key prosecution witness as the victim had sent him the last voice message just before he was kidnapped and taken to [the lawmakers' place] Jam House.

He argued that in the impugned order, handed down on May 23, the ATC-XV had totally ignored the facts of the investigation report and material attached to it since the main motive was designated to restrain, teach brutal and heinous lesson to the Jokhio tribe and other communities so that they could not raise their voice against the lawmakers and their guests in their constituent area. He submitted that the murder had created fear and terror among the public.

The applicant further argued that in the final charge sheet filed before a magistrate, the investigating officer had also named both the lawmakers as accused, but after reinvestigating the case he did not charge sheet them since Jokhio's legal heirs had entered into a compromise with the main accused which was yet to be declared valid by court.

The lawyer was of the view that reinvestigation in the present case was without any lawful authority since as per the Police Order 2002, the reinvestigation could only be conducted after recommendation of a board headed by an SSP and two SPs.

He asked the court to set aside the impugned order of the ATC, declare the last investigation report without due process of law and stay the proceedings on such investigation report till the disposal of this application.

It may be recalled that the National Commission for Human Rights has already filed an identical application in the...