KARACHI, Nov 8: The Sindh High Court acquitted a murder convict on Tuesday and ordered his release if not wanted in any other case. Mohammad Faisal alias Pehlwan, an alleged activist of Sipah-i-Sahaba, and four others were accused of killing Sunni Tehrik leader Mohammad Salim Qadri, his son-in-law Mohammad Altaf Junejo, driver Abid Baloch, gunman Hafeez Raza Qadri and nephew Hafiz Anees Qadri. Four co-accused, Dr Mahmood, Arif Raza, Naeem and Ahmad,were declared absconders.
An anti-terrorism court that tried the case ordered the cases against absconders to be placed on the dormant file and proceeded against Faisal.
According to the prosecution, he, along with co-accused, ambushed a vehicle carrying the ST leader and shot him and his companions dead near a Mohajir Camp bus stop on May 18, 2001. The Baldia Town police station registered a complaint lodged by the deceased’s brother, Mohammad Iqbal Qadri.
The ATC found the accused guilty under Section 7 of the Anti-Terrorist Act read with Section 302 of the Pakistan Penal Code. He was sentenced to death and also ordered to pay a fine of Rs 175,000.
The convict challenged the judgment in the Sindh High Court through Advocates Mohammad Ashraff Kazi and Syed Sajid Munir.
The counsel argued that there was no direct evidence or eye-witness in the case, which was based on unreliable circumstantial evidence. No recovery was made from the accused and two witnesses produced by the prosecution were not recognized by the complainant.
A division bench, comprising Justices Rehmat Husain Jafri and Ali Sain Dino Metlo, allowed the appeal and set aside the conviction and sentence for detailed reasons to be recorded later.
