01 March 2005	Tuesday	19 Muharram 1426

KARACHI, Feb 28: An anti-terrorism court on Monday indicted a complainant in a kidnapping for ransom case for lodging a false case against the defendants.

Judge Arshad Noor Khan of the ATC-3 had earlier ordered release of two accused in the case after the police sought their acquittal as the allegation against them was found baseless.

However, complainant Jan Alam moved a private complaint against the decision of the ATC-3 to the administrative judge of the ATCs, who sent the complaint to the trial court with direction to hold a fresh inquiry into the matter.

The court initiated the inquiry and recorded the statements of six witnesses, including the complainant and the alleged victim. However, the court concluded that the case against the defendants was false and baseless.

The court issued show-cause notice to the complainant for lodging the false case against innocent people. The court found the complainant's reply unsatisfactory and initiated proceeding against him under Sections 193 and 195 of the Pakistan Penal Code and 476 of the Criminal Procedure Code for lodging a false case and for misguiding the court.

The judge also recorded the statements of complainant Jan Alam, Abdul Wadood, Mohammad Qayyum and Sultan Zareen as defence witnesses. Special public prosecutor Naimal Ali Randhawa also cross-exmained the DWs. Later the court recorded the statements of Inspector Tasawwar Hussain and court clerk, Akhtar Hussain, and put off the hearing till Tuesday.

The case against Shamsher Khan and Nizamuddin was registered by the Manghopir police on the complaint of Jan Alam on July 3, 2004. The complainant reported to the police that the accused took away his brother, Abdul Wadood, on June 29 on the pretext of some business deal. Later, they demanded Rs2.2 million for his release.

The police registered the case against the accused under Section 343 of the Pakistan Penal Code for keeping the victim in wrongful confinement. About 20 days after his purported kidnapping, the victim came to the police station. The police asked him to record his statement next day.

However, the complainant's brother moved an application to the deputy inspector general of police, seeking investigation of the case by the Anti-violent Crime Cell (AVCC).

Subsequently, the AVCC investigated the case and found that the complainant had lodged a fake case against the accused.

The AVCC recorded the statements of the complainant, victim and one of their nephews.

The complainant deviated from the contents of the FIR when he recorded his statement before the AVCC. He had stated to have been at the house at the time of arrival of the accused in the FIR. However, he told the AVCC that he was somewhere in Hawkesbay when the accused took away his brother.

The victim told the AVCC that the accused took him away in their car. He said he immediately went unconscious when the accused put a handkerchief on his nose. He said regained conciousness after three days and he did not know the place where he was kept for 21 days.

The AVCC also recorded the statement of Abdul Qayyum, nephew of the victim and his brother. Qayyum stated that his uncles had a monetary dispute with the accused. He said the two brothers had staged a drama of kidnapping for ransom.

JUDGMENTS DEFERRED: Judge Haq Nawaz Baloch of the ATC-5 deferred judgements in two petrol pump blast cases against two workers of the banned Harkatul Mujahideen Al-Aalmi.

Judge Haq Nawaz Baloch of the ATC-5 fixed March 4 for the pronouncement of verdicts. Accused Mohammad Rafi alias Doctor and Syed Ahmer Kazmi alias Shahbaz have been prosecuted for planting explosive devices at Askari Petrom Pump on the Rashid Minhas Road and Nawaz Perol Pump at the Sharea Faisal on May 15, 2003.