KARACHI, Jan 10: An appellate bench of the Sindh High Court started hearing of an appeal against nine activists of Sipah-i-Sahaba Pakistan challenging their death sentence awarded by an STA court on charges of killing seven persons during a dacoity in Karachi in 1995.
Barrister Azizullah Shaikh appearing for appellants submitted arguments before the bench, comprising Justice Zahid Kurban Alvi and Justice Sarmad Jalal Osmani.
He said the judicial confessions of the appellants are contradictory to each other and there was not a single eyewitness.
Due to shortage of time, the court adjourned the hearing and fixed Jan 15 for the next date of hearing.
On April 27, 1995, judge Rafiq Ahmed Awan of STA-III court Karachi convicted nine persons and awarded them maximum punishment on two counts. Beside capital sentence, the court awarded them 10 years RI and imposed a fine of Rs1,50,000.
Appellants filed their appeals with SHC and on Aug 30, 1999. An appellate bench of SHC while setting aside their conviction and sentence held that their trial was not conducted in accordance with the law. The court also remanded back their case to the trial court.
The state filed an appeal against the impugned judgment of the SHC in the Supreme Court and on Jan 23 the apex court set aside High Court verdict and directed the SHC to treat the matter as an appeal pending before the SHC and decide them in accordance with the law.
According to prosecution, on March 2, 1995, Inspector Anwar Zeb lodged an FIR on behalf of state in the jurisdiction of Firozabad police station Karachi. It was stated in the FIR that some unknown armed person entered bungalow No J-110 in PECHS for committing a dacoity. The dacoits killed seven persons in the house by firing and managed to flee from the scene. Later, the police arrested the accused and submitted their challan in STA court Karachi.
The nine appellants are: Mansoor Ali, Umar Hayat, Muhammad Fazil, Karimullah Sharif, Saghir Ahmed, Shaikh Ishtiaq Ali, Khwaja Salimuddin, Ahmed Zahoor and Hafiz Ahmed Bux.
NOTICE: Justice Shabbir Ahmed of Sindh High Court Thursday put the president, vice president, Honorary Treasurer of Karachi Gymkhana and its managing committee on notice for Jan 18, and restrained them from taking any adverse action against former president of KG Basit A Alvi and Esmail Tawawala.
