KARACHI, Jan 18: A division bench of the Sindh High Court on Tuesday admitted for hearing appeals filed by an activist of the banned Harkatul Mujahideen Al-Alami against his conviction in the explosives
, killing and encounter cases and issued notice to the state.
Kamran alias Atif, also wanted in the conspiracy case to assassinate President Geneal Pervez Musharraf and having Rs3 million reward for his arrest, was arrested in injured condition after a shootout.
He was prosecuted on the charge of killing a woman passer by and attempting to kill policemen in a shootout on May 19, 2004 in the limits of the Taimuria police station. He was further charged with possession of arms, ammunition and other explosive materials.
He was sentenced to an aggregate of 40 years' rigorous imprisonment by an anti-terrorism court (ATC) in the above charges besides the confiscation of his moveable and immovable property.
Against the trial court order, it was stated in the appeal by his counsel Ghulam Qadir Jatoi that the trial court had failed to appreciate the evidence brought by the prosecution on record as there were a number of contradictions in the statements of the prosecution witnesses.
He said the procedure adopted by the trial court for holding three cases on one and the same charge was illegal, thus the entire proceeding stood vitiated. He further stated that the evidence available with the prosecution was created, and not collected as per the law, to involve the appellant, adding that all witnesses being police officials were hostile to the appellant.
Admittedly none from the police was injured in the alleged encounter, therefore, suffering of injuries by the woman due to the firing by police could not be ruled out, it added.
It was stated that before this incident police arrested the appellant and later involved him in false cases but the Sindh High Court released him for want of evidence and sent the investigation officer to jail which caused annoyance to police. The court was prayed to set aside the conviction and release the appellant.
The SHC's division bench comprising Justice Sarmad Jalal Osmany and Justice Mujeebullah Siddiqui, after preliminary hearing of the applications, issued notice to the state and called paper books of the cases.
BLAST CASE: The Sindh High Court on Tuesday adjourned the hearing of appeals filed by activists of the banned Harkatul Mujahideen Al-Alami, convicted in the US consulate bomb blast case on non-appearance of defence counsel.
The chief and the general secretary of the banned militant outfit, Mohammad Imran and Mohammad Haneef, were sentenced to death and two other of its members, Sharib Arsalan Farooqui and Hafiz Mohammad Zubair, were awarded life term by an ATC in a car bomb attack on the US consulate in 2002.
When the matter was taken up before the SHC's division bench comprising Justice Sarmad Jalal Osmany and Justice Mujebullah Siddiqui, the counsel of Imran, Hafiz Mohammad Zubair and Sharib Arsalan Farooqui were called absent. However, defence counsel Abdul Waheed Katpar represented Mohammad Haneef and Assistant Advocate-General Habib Ahmed represented the state.
The court keeping in view the non-appearance of the defence counsel fixed the matter for Feb 10. The prosecution's case was that the accused planned to assassinate President General Pervez Musharaf and fitted explosives with a vehicle to blow up the convoy of the president but their attempt could not succeed.
On the failure, they blew up the explosive-laden pickup near the US consulate on June 14, 2002, killing 12 people and wounding 43 others in the blast.
NADIA KHAN: Justice Wahid Bux Brohi of the High Court of Sindh on Tuesday adjourned the hearing of a habeus corpus application against TV artist Nadia Khan till Jan 26 after she appeared before the SHC with an alleged detained baby, Alyzeh.
The court ordered that Alyzeh be allowed meeting with applicant Mrs Anjum Iqbal, grandmother of the child, for two hours outside the court. Advocate Salahuddin Ahmed who filed power on behalf of Nadia Khan also undertook that he would open his office on the second day of Eidul Azha to ensure a meeting between Alyzeh and the applicant.
The bench also directed Avocate Sohail Hameed, counsel for the applicant, to move a sessions court which had the jurisdiction to hear cases under section 491 CrPC or to move a guardian and ward court.
Earlier, when the matter was taken up the bench agreed to an objection raised by the office of the court regarding the jurisdiction of the SHC that the jurisdiction vests with a sessions court.
The counsel for the applicant contended that even under the amendment in the relevant laws, the jurisdiction of the High Court was not ousted. The bench pointed out to the counsel for the applicant that as per the dictum laid down by the Supreme Court, any applicant/petitioner should move the first instant court and then could move a superior court. -PPI/APP
