Law: Pakistan Penal Code (PPC),1860

Section: 302(b)

Law: Anti-Terrorism Act, 1997

Section: 6(b), 7(1)(a), 7(2)

Law: Lawyers Welfare and Protection Act, 2023

Section: 3

Law: Code of Criminal Procedure, 1898

Section: 173, 342, 340(2), 544-A, 382-B, 22-A & 22-B

 Summary

The appellant, Syed Intizar Hussain Shah (ASI, Elite Force), challenged his conviction awarded by the Anti-Terrorism Court for the murder of Advocates Malik Israr Ahmad and Zulfiqar Mirza inside the Sessions Court premises, Attock. The prosecution proved that the appellant, while on official security duty and armed with his official SMG rifle, intentionally opened fire on Malik Israr Ahmad due to personal grudge arising from earlier litigation. When Advocate Zulfiqar Mirza attempted to rescue him, the appellant also shot him dead. He was immediately apprehended at the scene with the murder weapon.

The High Court held that the prosecution successfully established the appellant's guilt through prompt FIR, reliable ocular evidence of two eyewitnesses, medical evidence, CCTV footage, recovery of the official weapon, ballistic report matching the crime empties, and proof of motive. The defence plea of false implication remained unsubstantiated.

The Court further held that committing a double murder within court premises by a police officer responsible for court security created fear and panic among lawyers, litigants, and the public, thereby attracting the provisions of the Anti-Terrorism Act, 1997. Finding no mitigating circumstance, the Court dismissed the appeal and confirmed the death sentence.