KARACHI, Nov 24: The Sindh High Court released an alleged robbery suspect on Thursday in exercise of its constitutional jurisdiction. Detainee Asif Siddiqui was produced by the Shah Faisal Town police as directed by the court on Wednesday. Assistant Advocate-General Habib Ahmed informed a division bench comprising Justices M. Mujibullah Siddiqui and Sajjad Ali Shah that he was arrested on Nov 20 in an armed robbery case in a Korangi Industrial Area registered on Nov 16.
He was not named in the first information report but answered the description of one of the offenders given by the complainant victim, Mohammad Yusuf. A sketch based on the description was drawn by police experts and he was picked up for interrogation. He and his unknown accomplice were accused of robbing the complainant of Rs130,000 in cash, jewellery and other valuables.
The AAG said the investigation officer had obtained his remand from a judicial magistrate till Nov 28. An identification parade was being scheduled and he would be released if the complainant failed to identify him at the parade.
Replying to a court query, he conceded that there was no direct evidence of the detainee’s involvement in the offence. The AAG had no objection to his release on bail.
The bench noted in its order the AAG’s statement that there was no other evidence, direct or indirect, besides resemblance to a sketch was on record. The detainee was shown to have been picked up by a mobile police party at 2.30am on Nov 20 from Shah Faisal police limits. The FIR, which did not carry his description, seemed to be a cover-up, it observed.
Setting the detainee at liberty, the bench ordered removal of cuffs from Asif’s hands. He was, however, asked to attend the identification parade as and when it was held by the investigating agency. The proceedings were initiated following a complaint addressed by Asif’s father to the SHC chief justice.
BAIL FOR BANKER: Another division bench comprising Justices Mohammad Afzal Soomro and Rehmat Hussain Jafri admitted Amjad Hussain Aftab, former manager of the Binori Town branch Allied Bank, to bail in the sum of Rs500,000. According to the sales tax collectorate, he helped open a bogus account to facilitate a tax evader receive refund.
Appearing for the applicant, Advocates Mohammad Ashraff Kazi and Jan Mohammad Khuhro argued that the ex-manager was not named in the first information report lodged by a sales tax official. The account was opened after his transfer from the ABL branch when prosecution witness Ahsan Yar Khan, his successor, had taken charge. There is nothing in the confessional statement of the main accused, Umerzada of Eastco International to incriminate him.
The entire case, the counsel submitted, was based on documentary evidence in possession of the prosecution and there was possibility of it being tampered with by the applicant if released from custody. The investigation had been completed and the applicant was no longer required by the prosecution for interrogation.
SENTENCE COMMUTED: The bench commuted the death sentence awarded to two appellants by an anti-terrorism court for kidnapping for ransom to life imprisonment on account of mitigating circumstance.
Zahid and Shahid were convicted for kidnapping Amir Haroon from a Sindh Industrial and Trading Estate area. They received a cheque for Rs2 million as ransom from Amir’s father. The cheque was not honoured by the bank as the signature of the account holder it carried did not tally with the specimen signatures in the bank record.
The culprits made inquiries from the bank and were identified and arrested by the police investigating the kidnapping. Advocate Raja Qureshi filed an appeal against their conviction and sentences and the court commuted the punishment after hearing his arguments.
TUNA LICENCES: Another division bench comprising Justices Ghulam Rabbani and Munib Ahmed Khan passed a consent order on several petitions moved by fishing companies. The petitioners and the respondent federal ministry agreed that licences for catching tuna fish would be issued in accordance with the government policy.
The petitioner companies had challenged a stipulation in a government invitation to bids for tuna fishing forbidding licence holders from making fresh bids.
Appearing for the livestock and fisheries ministry, federal attorney Mahmood Alam Rizvi submitted that the stipulation was aimed at curbing monopoly by big companies that obtained licences in the name of small companies and individuals. The government policy was to restrict each company to three vessels for tuna fishing. An identical petition in the Balochistan High Court was disposed of by a consensus order based on government policy to avoid monopoly and discrimination.
ASKARI PARK: Judgment in a petition by owners of land acquired for Askari Park in the old vegetable market was, meanwhile, reserved by the bench consisting of Justices M. Mujibullah Siddiqui and Sajjad Ali Shah.
The petitioners said they were entitled to receive cash compensation or alternative plots at their option while the government was only offering them land for land.
