Justice Khosa noted that the Anti-Terrorism Court (ATC) and LHC failed to look at the law. He said: "We can't ignore the law and sentence a man on the basis of suspicion. As the prosecution has failed to establish allegations against Asfandyar; therefore, he is acquitted."
An ATC in 2009 had found Asfandyar guilty of murdering Adil Butt, a student. According to the prosecution, Asfandyar had kidnapped Butt for ransom and killed him after the victim's family failed to pay the money. The case was later heard by the LHC that overturned the ATC's verdict and sentenced him to life.
Justice Khosa stated those who are supposed to follow the law should be held answerable. He inquired whether they are not trained before appointment as magistrate.
Asfandyar's counsel informed the court that legal training is provided to the persons before appointing them as magistrate.
He chided the magistrate, Kanwar Anwar Ali, for not following the legal procedure and committed error to conduct the identity parade properly.
The Chief Justice regretted that it is distressing to see such cases. "Why are [suspects] treated like this? A child was killed and the suspect was convicted due to the magistrate's failure to hold an identity parade properly and follow legal procedure."
He said there are differences in the statements recorded by the witnesses that differed in the number of men that were seen disposing of the victim's body. The Chief Justice raised questions over the procedure that the police followed to determine the guilt of a suspect.
"It seems like the testimonies were developed after the suspect was arrested," he observed and asked how the police had reached the suspect. Asfandyar's lawyer said that an "informer" had told police about the suspect's involvement. The police later found out that the suspect had disposed of the body in a stream, he added.
"Everyday we see that police get to the suspect immediately. The suspect is real but all the testimonies are false," Justice Khosa regretted. "Where will the law go if we shut our eyes as well? Someone has to start [ensuring that the law is being followed]." Justice Khosa in a detailed judgement in a law student Khadija Siddiqui's knife assault case also observed that high court had ignored many critical aspects of the case available on the record. The top court had overturned a decision passed by the Lahore High Court which acquitted Shah Hussain, the youth accused of stabbing his classmate Khadija 23 times.