KARACHI, Oct 22: An anti-terrorism court sentenced on Monday a constable to a five-year term for causing the death of two minor children of judge Rashida Asad by opening an indiscriminate fire on the official vehicle of the judge.

Aliza, 5, and Ozaam, 2, were killed on March 19 when one of the bullets fired by a police contingent pierced through the bodies of the children.

The judge and her family were held hostage in a car by three fleeing bandits when the police party sprayed the vehicle with bullets as it came out of the Mr Asad’s house in PECHS. The judge herself sustained a bullet wound in her hand. Two dacoits fled the scene, leaving behind their accomplice and the kids of the judge dead in the car. They also snatched six gold bangles from the judge at gunpoint.

Judge Arshad Noor Khan of the ATC-3 convicted and sentenced Muhammed Arif of Ferozabad police under Section-319 of the Pakistan Penal Code for Qatl-i-Khata. A fine of Rs50,000 was also imposed on the cop who was found guilty of “indiscriminate firing”.

Three other police officials, booked along with accused Arif were declared proclaimed offenders.

The judge observed that it was not only the police official who had opened fire on the car of Mr Asad Mirza, husband of the judge, the police party is also vicariously liable for the murder of two kids of the complainant as well as accused Muhammed Hussain and also causing firearm injuries to Rashida Asad.

The cop, who was on bail, was handed down another two-year term for causing injury to the woman judge under section 337 (F) of the PPC. Accused Arif was also fined Rs10,000 by the judge, who ordered that in case of default on the payment, the convict would have to undergo an additional one-year RI.

Constable Arif was immediately taken into custody as the judge pronounced the judgment around 3:45pm in the open court.

In his 66-page verdict, the judge observed: “Admittedly as many as six mobile vans of the police were also available at the spot and the way of the car could have also been blocked by the police to stop the car even before it came out of the judge’s residence. Similarly, other efforts could have been made by the police to avoid such a serious mishap, it appears that the police did not take any safety measures prior to opening indiscriminate and reckless firing which claimed the lives of two innocent minors”.

As for as bandits, who had held the judge’s family hostage to flee the scene, the judge observed: “Admittedly, the accused had not fired on the complainant or his family inside the bungalow, nor had it come on record that the accused had fired on the victim family inside the car”.

The judge also observed that there was sufficient evidence available on the record to fix the responsibility regarding the “reckless and indiscriminate firing” by the police officials.

The judge referred to the statement of accused Arif that a departmental inquiry was also conducted holding him and other police officials responsible for resorting to such reckless firing.

“The said admission of accused PC Arif is also much significant. It is, therefore, established on the basis of convincing evidence available on record that these police officials were solely responsible for the said mishap with the complainant family and because of their irresponsible and unwarranted conduct and attitude, two flowers of the complainant were destroyed”, he observed.

As for as fixing the responsibility of killing the kids, the judge referred to the evidence of head constable Khisarul Hasan, who deposed that the accused police officials — HC Suprud Hussain, HC Liaquat Ali, HC Ghulam Mujtaba and PC Muhammed Arif — had deposited less bullets than those issued to them. “As far as the deposit of less bullets by these officials is concerned, the Roznama Entry [station diary] No. 6 also speaks in detail”, the judge observed.

The judge sentenced bandit Jaseem, who was arrested in early April by the CIA police, to a 10-year term for depriving Judge Rashida Asad of her jewellery. A fine of Rs100,000 was also imposed on the bandit, who would undergo an additional one-year term in case of default on the payment.

Accused Jaseem was sentenced to a three-year term and was made to pay a fine of Rs20,000 for trespassing the house of the complainant. He will undergo an additional six-month term in case of default on payment.

The third sentence, spanning seven years, was given to accused Jaseem for holding the woman judge and her family hostage at gunpoint. The accused was fined Rs25,000 and he would have to undergo an additional one-year RI.

The judge also convicted accused Jaseem under section 353 of the PPC and sentenced him to a two-year term with a fine of Rs20,000. He shall suffer a further six-month RI in case of default on payment, the judge ordered.

Accused Jaseem was also sentenced to a seven-year term and was imposed a fine of Rs50,000 for possessing an unlicensed weapon. He will have to undergo an additional one-year term in case of default on payment.

The judge, however, acquitted the co-accused, Salim alias Dervaish, of all charges, except for the charge of possessing an unlicensed pistol, recovered from him by the police at the time of his arrest. The accused was given a seven-year term with a fine of Rs50,000 under the Arms Ordinance.

The judge also acquitted Shahnaz, sister of accused Jaseem, of the charge of harbouring his bandit brother. The judge also acquitted Muhammed Khalid, a goldsmith, prosecuted in the case for disposing of the looted jewellery.

A show-cause notice was also issued to the then SHO, Inspector Meraj Shah, for defective and improper investigation in the case. The inspector is already in jail as he was sentenced to a three-month term and was imposed a fine of Rs20,000 by Judge Khan Pervaiz Chang of the ATC-4 for conducting faulty investigation.