Scales of justice swing in suspects’ favour as Nazim Jokhio’s heirs file compromiseArchive
KARACHI: The legal heirs of slain Nazim Jokhio on Saturday filed an “out-of-court settlement” before a sessions judge through which they pardoned those who had been booked in the murder case, including Pakistan Peoples Party lawmaker Jam Awais Bijar Khan Jokhio, in the name of the Almighty.
“It is submitted on behalf of the parties that the court may be pleased to acquit the accused persons, as legal heirs of Nazim-ud-Din have patched up with the matter with the accused persons,” stated an application filed on behalf of the slain activist’s legal heirs.
It further stated: “Thereby, the legal heirs have forgiven the accused and waived the Diyat in the name of the Almighty,” added the plea said to be signed by Nazim Jokhio’s mother Ms Jamiat and his widow Shireen Jokhio.
This development comes two weeks after the high-profile case took a twist when slain Jokhio’s mother told the court on Sept 10 that “she did not compromise with the accused persons, as earlier filed compromise due to ‘pressure/influence’ from the suspects”.
The 52-year-old mother had asked the court to treat previous compromise as ‘null and void’ and same had been withdrawn by her.
On Saturday, the matter came up before Additional District and Sessions Judge (Malir) Faraz Ahmed Chandio, who was set to formally indict the detained MPA Jam Awais and his nine servants/guards booked for allegedly kidnapping, abating and torturing to death Nazim Jokhio.
As the judge took up the matter, five suspects —Mohammad Saleem Salar, Doda Khan, Mohammad Soomar, Mohammad Mairaj and Ahmed Khan Shoro — appeared on bail.
But, the Malir district prison’s superintendent instead of producing detained MPA Jam Awais once again filed a statement stating that the MPA could not be produced before the court as he was suffering from “high blood pressure symptomatic”.
Meanwhile, Advocates Wazeer Hussain Khoso and Asadullah Memon for the suspects along with the legal heirs of deceased filed application under Section 345(2) 345(4) and 345(6) of the Criminal Procedure Code (CrPC).
The counsel said they submit on behalf of the parties that the court may be pleased to ‘acquit’ the accused persons, as legal heirs of deceased Nazim-ud-Din have patched up with the matter with the accused persons.
“Thereby, the legal heirs have forgiven the accused persons and waived the Diyat in the name of the Almighty,” stated the compromise plea signed by the victim’s mother Ms Jamiat and his widow Shireen Jokhio.
The judge issued a notice to the state prosecutor to advance arguments regarding the legality of the compromise purportedly reached between the parties on the next date.
In the meanwhile, the judge called reports from Nadra, Mukhtiarkar and SHO of the police station concerned regarding the legal heirs of the deceased.
He also ordered publication of a notice in two daily newspapers (Kawish and Jang) for the information of the general public about the purported compromise between the parties in the matter.
The judge deferred the indictment of the detained MPA for the second time due to his absence.
Fixing the matter for his indictment along with others on Oct 15, the judge issued a notice to the Malir prison chief with direction to produce the undertrial lawmaker on Oct 15.
The judge directed all the suspects and their counsel to ensure their appearance on the next date.
The judge will also take up the compromise plea on the next date.
Advocate Mazhar Ali Junejo, who claims to be a friend of the slain Nazim Jokhio and an eyewitness in the murder case, filed an application under Sections 190 and 265-D of the CrPC, pleading the court to include the detained lawmaker’s elder brother, MNA Jam Abdul Karim Bijar, in the investigation of the case once again being an important person to be grilled.
Published in Dawn, September 25th, 2022