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13 October 2004 Wednesday 27 Shaban 1425



KARACHI: SHC orders registration of FIR on mother's plea

By Our Staff Reporter


KARACHI, Oct 12: The Sindh High Court directed the police on Tuesday to register a case on the complaint of a petitioner mother about the arrest and detention of her two sons.

Ms Nuzhat Afzal, widow of MPA Afzal Anwar, stated in her petition that her sons, Kashan and Zain, were picked up by 'personnel of a law-enforcement agency' after a raid on her house in Nazimabad on Aug 13. They were not produced before a magistrate nor a case was registered against them at any police station. They had not been seen or heard of since their arrest. Both were US passport-holders.

A division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Zawwar Hussain Jaffery, had asked the federal and provincial attorneys to ascertain their whereabouts.

The Sindh police, the Anti-Narcotics Force, the Intelligence Bureau and other agencies expressed their ignorance about the raid, arrest and detention. They said they had nothing to do with the arrest or custody of the allegedly missing boys.

Deputy Attorney-General Nadeem Azhar Siddiqui informed the bench on Tuesday that according to the response received from the Inter-Services Intelligence, the agency was not involved in any action against the petitioner's sons and had no knowledge of their whereabouts.

The DAG said inquiries had been made from all federal agencies, but none had any information about the arrests.AAG Sarwar Khan said the police had failed to find any clue to the whereabouts of the two allegedly confined people, though no FIR was lodged with it.

The petitioner said she went to the police station but it refused to register her complaint. The bench asked the police to register an FIR on the petitioner's complaint and adjourned further hearing of the petition to a date in office.

CONVICTION SET ASIDE: Justice Azizullah M Memon of Sindh High Court on Tuesday, allowing an appeal filed by two sisters, set aside their conviction awarded to them by the trial court in a dacoity case, adds PPI.

Ms Fauzia and her sister Shamim were awarded four-year term by Additional Session Judge Judicial Complex Karachi on July 31, 2001. According to prosecution, police arrested them from Steel Town with artificial pistols. They are charged with entering the house of complainant, Ali Nawaz, along with absconding accused with the intention of committing a dacoity on Nov 1, 2000.

Their appeal against conviction was filed in the high court. Defence counsel Syed Ansar Hussain argued that his clients were falsely implicated in the case as no independent witness had been produced before the court and the trial court had failed to appreciate the evidences.

The court, after hearing arguments from both sides for reasons to be recorded later, set aside the conviction and ordered their release if not involved in other cases.

ORDER RESERVED: A division bench of Sindh High Court, comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery, on Tuesday reserved judgment on a revision application filed by a woman, challenging acquittal of two men in a murder case.

Nasir Abdul Qadir Hussain and his driver Niaz Hussain were acquitted by Additional Session Court on July 16 from charge of killing Ahmed Ali Soomro, spouse of complainant Ms Qamarunisa. The complainant challenged the trial court order and prayed the court to set aside its order.

The applicant alleged in the FIR that respondents killed her spouse on Oct 14, 1995, outside her home in DHA. The court after hearing arguments from both sides reserved the order.

ACQUITTAL: An appellate bench of High Court of Sindh, comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery, on Tuesday allowed an appeal, acquitting an accused from charge of forgery and fraudulent enchashment of FEBCs, adds APP.

Naveed Ahmed challenged his conviction and sentence by the special court for offences in banking circle which sentenced him to serve a seven-year jail term, pay a fine of Rs 50,000 or in default to serve imprisonment for one year more.

According to prosecution, the accused, in league with co-accused Irshad, Azharuddin and two others, forged 36 Foreign Exchange Bearer Certificates, each amounting to Rs100,000 (equivalent) and got them encashed in 1992.




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