January 28, 2006	Saturday	Zilhaj 27, 1426

KARACHI, Jan 27: The Sindh High Court on Friday reserved its judgment on appeals moved by activists of the banned Lashkar-i-Jhangvi against their conviction in an imambargah carnage.

Mohammad Ajmal alias Akram Lahori, Ataullah, Mohammad Azam and Malik Tassaduq Hussain were convicted by an anti-terrorism court in Karachi for killing six worshipers and injuring five others at Imambargah Ali Murtaza in Mehmoodabad area in October 2001.

The court sentenced Ataullah and Azam to death while and awarded life imprisonment to Akram Lahori and Tassaduq on August 19, 2003. The convicts challenged their conviction and sentences in the high court.

An assistant advocate-general, concluding his arguments on Friday, supported the prosecution case and submitted that it had been proved beyond a shadow of doubt. He prayed to the court to dismiss the appeals and uphold the convictions handed down by the trial court.

The appellants’ counsel earlier argued that the convictions were not sustainable in law as there were serious contradictions in the prosecution case and the evidence produced by the prosecution. The statements of three eyewitnesses were recorded after 10 days and could not be relied upon. The accused were entitled to the benefit of the doubt, the counsel maintained.

An SHC division bench, comprising Justices Mohammad Afzal Soomro and Rehmat Hussain Jafri, reserved the judgment after hearing the two sides.

SENTENCE COMMUTED: The Sindh High Court dismissed a convict’s appeal in a rape and murder case, but commuted his death punishment to life imprisonment.

Imran was sentenced to death by an anti-terrorism court in Karachi for murdering a girl. He was also awarded life term for raping the girl before killing her. The court also sentenced him 10 years in prison for committing dacoity.

According to the prosecution, the convict and absconding accused Rayat Khan killed Ms Samina Naz after committing robbery at her house in Kalakot area in Karachi on in June 17, 1998. Later, her body was set on fire. The ATC convicted Imran and ordered that Rayat Khan’s file be kept on dormant record.

Imran challenged his conviction and sentence in the high court. The appeal was heard by an SHC division bench, comprising Justices Mohammad Afzal Soomro and Rehmat Hussain Jafri.

The bench upheld the conviction on murder and dacoity charges after examining the evidence in the case by a short order and for reason to be recorded later. Maintaining sentences awarded for dacoity, it, however, commuted death penalty to life term on the count of murder.

Partially allowing the appeal, the bench set aside his conviction under rape charges. It maintained the conviction under Section 7 (2) of the Anti-Terrorist Act and awarded life imprisonment for creating terror and fear in society.

quashment refused: The Sindh High Court declined on Friday a petition seeking quashment of a first information report in a case of embezzlement, but asked the investigation officer to submit a charge-sheet without delay and the trial magisterial court to consider the petitioner’s acquittal plea.

Aman Khan, a former deputy chief manager, recovery cell, Adamjee Insurance Company, moved the SHC through Advocate Mohammad Jamil against the validity of an FIR lodged against him by his former employers.

The complainant insurance company alleged that during the period 2000-04 the accused got 11 vehicles released by furnishing authority letters signed by him and these vehicles were not ‘accounted for’. Thus, has embezzled a sum of Rs 1.6 million.

Advbocate Jamil submitted that the vehicles were released in accordance with the law and rules and the petitioner could not be proceeded against for carrying out his duties under the law.

A division bench, comprising Justices Ghulam Rabbani and Zia Pervez, after hearing the counsel for petitioner and insurance company and a provincial government law officer, directed the investigation officer to submit the charge sheet against the accused petitioner without any further delay.

The bench also ordered the judicial magistrate concerned to pass an appropriate order on the acquittal plea of the accused once the charge sheet was submitted and the trial got under way.

Appeal dismissed: The Sindh High Court dismissed on Friday an appeal against acquittal of two men by a sessions court in a murder case.

Riasat Khan and Mohammad Fayyaz were acquitted by the district and sessions court, South, of the charge of murdering Shahzada Khan on July 16, 1997.

Asif Khan, son of the victim, filed an appeal against the acquittal of the two accused, saying that the trial court erred in appreciating the evidence and requesting the high court to convict the accused.

An SHC division bench, comprising Justices Mohammad Afzal Soomro and Rehmat Hussain Jafri, upheld the impugned judgment and dismissed the appeal by a short order after examining the evidence. Detailed reasons would be recorded later.

By another order, meanwhile, the bench dismissed a bail application moved by Jamal Khan, an alleged accomplice of the deceased underworld don, Shoaib Khan, in drug case. He is facing trial for possessing three kilograms of charas.

Objectionable speeches: The Sindh High Court directed a provincial law officer on Friday to submit a concise statement on allegedly objectionable speeches delivered by a detained leader of the banned Sipah-i-Sahaba to enable the court to ascertain whether his detention was justified.

The court was hearing a petition challenging detention of Sipah leader Maulana Ali Sher Haideri under the preventive provisions of the Anti-Terrorist Act since July 21, 2005.

An additional advocate-general produced the relevant record pertaining to registration of FIRs against the detainee and objectionable speeches he made against a rival sect to justify the detention.

An SHC division bench, comprising Justices Anwar Zaheer Jamali and Justice Mohammad Athar Saeed, asked the AAG to submit in writing the objectionable portions of the speeches and adjourned the matter to Feb 3.