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September 26, 2003 Friday Rajab 28, 1424


KARACHI: Secretary to decide on Asif’s parole



By Our Staff Reporter


KARACHI, Sept 25: The Sindh High Court disposed of a petition for Asif Ali Zardari’s release on parole in terms of an assurance by a provincial government law officer that the home secretary would take a decision on the petitioner’s pending representation later on Thursday.

Deputy Attorney-General Syed Zaki Mohammad earlier submitted that according to instructions received by him, the ministry of interior, which also was approached by the petitioner, had nothing to do with the matter. Mr Zardari was in the custody of the National Accountability Bureau, which had not been made a party, and was facing trial before accountability courts in Punjab.

Additional Advocate-General Sarwar Khan submitted that according to instructions received by him, the Sindh home secretary would decide the petitioner’s plea later on Thursday.

Petitioner Faryal Talpur’s counsel, Abu Bakar Zardari, expressed his satisfaction at the AAG’s statement and the division bench comprising Justices Shabbir Ahmed and Gulzar Ahmed disposed of the petition accordingly.

The petitioner sought her elder brother’s release to enable him to attend her daughter’s marriage ceremony on Sept 26 and 27.

PEARLE CASE: A division bench of the Sindh High Court decided on Thursday to proceed with the hearing of appeals in US journalist Daniel Pearle’s murder case from October 21.

The long-pending appeals have been moved by Ahmed Omar Shaikh, the main accused sentenced to death, and co-accused Adil Shaikh, Salman Saqib and Fahd Naseem, who were jailed for life by a Hyderabad anti-terrorist court. The prosecution, meanwhile, moved an appeal for enhancement of the sentences awarded to the co- accused for kidnapping and killing the Wall Street correspondent.

The appeals have not proceeded for one reason or another, mostly due to the absence of the appellants’ counsel. As they came up for hearing before Justices Ghulam Nabi Soomro and Mohammad Afzal Soomro, who constitute the appellate bench, on Thursday, they were informed that Advocate Rai Bashir of Lahore, who represents Omar Shaikh, was not present. The hearing had to be adjourned again but the bench told the lawyers appearing in the case that it would proceed with the matter from October 21.

The bench, meanwhile, continued hearing of appeals moved by seven convicts in the Mehfil-i-Murtaza case. Appearing for the prosecution, Additional Advocate-General Sarwar Khan argued that the appellants were given a fair trial. Their confessions could not be discarded on technical grounds. The conviction had rightly been based on confessional statements, which were corroborated by independent prosecution witnesses. Further hearing was adjourned to Oct 2.

RELEASE ORDERED: Justice Shabbir Ahmed of the Sindh High Court, who is also the Administrative Judge of the Anti-terrorism Courts for Karachi division, ordered release of two accused, Kashif and Akhtar, in a kidnapping for ransom and murder case after police filed a report under section 169 Cr.PC, add agencies. Waqar Shamsi, accused of masterminding the kidnapping, and another accused, Mohammad Arshad, were sent to judicial custody.

The judge ordered that as the accused appeared to be of tender age, they be kept at the Juvenile Prison.

According to the prosecution, they accused had kidnapped a 16-year-old student, Hafiz Umair, and demanded a ransom of Rs3 million. Later, they killed their hostage for fear of being exposed as the victim was class fellow of the accused, Waqar Shamsi.

Earlier, all the four accused were produced before the judge by the Anti-violence and Crime Cell of police.

The administrative judge also directed the Cell to obtain remand of two of the accused from the concerned judicial magistrate.

Meanwhile, the same judge referred remands of two accused, Hashim and Syed Yawar Abbas, to concerned magistrates in separate killing cases.

Hashim was produced before court in a case of the killing of four students of a Madressah. Eight other people were injured in the incident that took place at Rehmania mosque in Buffer Zone on October 6, 2001.

Syed Yawar Abbas was produced by police in a bomb blast case. He is accused of killing three persons and injuring 23 others in a blast that took place at a play ground near Urdu Science College on October 22, 2000 where a meeting of the now defunct Lashkar-i-Taiba was in progress.

BAIL DENIED: A division bench of the Sindh High Court, comprising Justice Ghulam Nabi Soomro and Justice Mohammad Afzal Soomro, on Thursday dismissed bail application filed on behalf of the accused, Abdul Sattar, in a kidnapping and rape case.

The bench directed the trial court to examine the kidnap victim within three months.

The accused had moved the SHC after his bail application was dismissed by a trial court on July 12, 2003.



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