What legal options does the state have post the Sahiwal verdict?

Nine months after officials of the Counter Terrorism Department (CTD) killed a family of three, near Punjab’s city Sahiwal, a special anti-terrorism court acquitted all the suspects.

The verdict has triggered a public outrage, especially since two days after the killings, Prime Minister Imran Khan had promised “exemplary punishment”, in a tweet.

Now that the men, who shot the family in cold blood, will walk free, what options does the state have to ensure justice is done?

“A legal review with legal experts”

In a verdict that shocked many, a special anti-terrorism court of Lahore, where the Sahiwal encounter case was shifted to from Sahiwal, acquitted all the suspects on grounds of ‘benefit of doubt’.

A ‘benefit of doubt’ acquittal is awarded when the prosecution fails to eliminate doubts in the case under question. The burden of proving the case is on the prosecution. 

A total of 49 witnesses recorded their statements and made court appearances. The suspects were neither identified by the children of the deceased, nor during photogrammetric tests.

After the killings, on the orders of the prime minister to probe the 'faulty' persecution, the Punjab government decided to form an inquiry commission to review the proceedings of the case.

However, what is needed is a legal entity to review the proceedings not non-legal group of people. The commission may be made up of experts in their fields, but a legal review needs legal experts.

Yasmeen Ali, a lawyer based in Lahore

“A judicial commission is unlikely”

The state can prefer an appeal against the decision of the anti-terrorism court and challenge it before the Lahore High Court.

Since the verdict has already been delivered by the ATC after adducing all the evidence, as well as examining the witnesses, a judicial commission being formed is quite unlikely.

The state shall appeal the verdict and look to get it set aside or quashed.

Reza Ali is a barrister based in Lahore