The acquittal of Shahrukh Jatoi and Ali Talpur for the murder of Shahzeb Khan revived memories of a case that had once captured the public imagination. Mr Jatoi should have got away from the original trial court, for the heirs of the victim had forgiven him, but the state had itself become the prosecutor after the Anti-Terrorism Act was invoked. It was only after the ouster of the state, the Supreme Court finding that the Anti-Terrorism Act did not apply, that the forgiveness of the heirs applied, and Mr Jatoi and his co-accused were acquitted.
The murder roused the public imagination because it was particularly brutal, as because Mr Jatoi’s family splurged money on the case without stint. There was even an attempt to get him to flee abroad, and was only arrested from Dubai. While under arrest, he spent time away from jail by being admitted to a hospital. The final exhibition of the power of money was made by the forgiveness given by the family, which was given after an undisclosed sum was paid. When the family forgives the murderer, it is usually because more money has been paid than the prescribed Diyat.
The problem may not lie in the justice system alone, or in the Qisas and Diyat Ordinance. True, murder is a heinous crime, but so long as it is a compoundable offence, the power of money will prevail. That power cannot be controlled just in cases of murder. It has to be controlled much earlier. It is true that Mr Jatoi got favourable treatment in jail because his father could afford it. The crime itself would not have occurred if he had not been in the habit of roaming around Karachi, offending ordinary passersby like Mr Khan’s. It may be argued that Mr Khan also felt that his father, being a retired police officer, would protect him if matters went south. Be that as it may, that was no justification for murdering him. Somewhere along the line, Mr Jatoi’s upbringing was flawed. That is not an excuse for him lacking a moral sense, but his parents should ask themselves if it was healthy for them to let him roam around with arm and guards.
There is a sense among the public that justice has not been served. The problem lies not just in the guards and guns that wealth and indulgent parents provide, but the belief that they will get their offspring off if he commits a crime. Anyone making that assumption need only point to Mr Jatoi to show why he thinks so.
