KARACHI, May 29: An anti-terrorism court (ATC) issued on Monday black warrants of a murderer for hanging him till death in respect of execution of a judgment. Judge Haq Nawaz Baloch of the ATC-5 fixed June 6 for hanging of convict Saeed Moeez, a worker of the Mohajir Qaumi Movement, as his mercy petition was turned down by the president early this month.
Moeez and co-accused, Mohammed Wasim and Tariq Hussain, were condemned to death on July 14, 1999, by the then judge of the ATC-4, Hussain Bux Khoso, for killing a shopkeeper, Mirza Aziz Baig, on May 2, 1999, when he refused to pay to them Rs3,000 as extortion money.
The three convicts later moved an appeal against their conviction in the Sindh High Court, which upheld the death sentence of Saeed and Wasim, and commuted the punishment of Tariq to life imprisonment.
Saeed and Wasim filed appeals against the judgment of the SHC in the Supreme Court, which again dismissed the plea of Saeed and upheld his capital punishment.
The SC, however, commuted the punishment of Wasim to life imprisonment.
Finally, Saeed moved his mercy petition to the President of Pakistan, who also dismissed his appeal.
On May 26, the jail authorities intimated the ATC about the rejection of the mercy petition by the president and requested the court to issue black warrants for his death sentence.
Saeed Moeez will be the third prisoner, condemned by the ATCs since its establishment in May 1999, to be hanged.
Earlier, convict Shaikh Amjad, murderer of Barrister Shakir Latif, son of business tycoon Fazalur Rahman Fazli, and Shahjahan, murderer of Prof Zahid Ali Magsi, were hanged after being condemned to death by the then judge of ATC-3, Arshad Noor Khan.
The jail authorities said Saeed Moees would be the 57th prisoner to be hanged inside the Central prison. The last man hanged was Shaikh Amjad.
WARRANT ISSUED: An anti-terrorism court issued on Monday non-bailable warrants for the arrest of five prosecution witnesses, including the victim, in a kidnapping for ransom case, as they declined to appear for recording their evidence despite court notices.
The case pertained to the kidnapping of a 20-year-old man, who remained captive for 52 days and was released after the payment of Rs7 million as ransom. Mohammed Rafiq Jatt, son of Dawood Jatt, who was earlier absconding in the case, is being tried.
Syed Raza Abbas Zaidi was kidnapped on Aug 30, 2004, near Country Club Apartments, Sea View, where he had gone to meet a woman, Natasha. The woman had called the victim on his mobile phone. The following day, the victim's uncle Mansoor Javed lodged an FIR against unknown kidnappers with Darakhshan police.
Earlier, the same court had sentenced three accused, one of them a son of a senior superintendent of police and another of a district nazim, to death in the case.
Later, the Sindh High Court set aside the conviction of Asif Hussain Junejo, son of SSP Mumtaz Junejo, and his cousin Salahuddin, son of Sanghar District Nazim Roshan Din Junejo, ordering their release. The SHC, however, upheld the conviction of the third accused, Rustum Haider, an Iranian Baloch.
Five other accused -- Natasha, Zeeshan, Abu Sufiyan, Haji Mashooq Brohi, and Rafique Jatt -- had been declared absconders. Rafiq Jatt surrendered before the court on May 3, 2006.
The kidnappers initially demanded Rs100 million ransom for the release of Mr Zaidi. However, they agreed to release him for Rs7 million after negotiations with his family.
The ransom was paid to Rustum Haider by the victim's family driver Zubair and friend Mohammed Irfan, who both identified the accused during an identification parade before a judicial magistrate as well as in the trial court.
Judge Haq Nawaz Baloch of the ATC-5 ordered police to arrest the prosecution witnesses –- the victim, his mother Perveen, uncle Mansoor, friend Irfan and driver Zubair — and produce them before the court on Wednesday after the investigation officer said they had declined to appear.
Special Public Prosecutor Mazhar Qayyum examined Assistant Sub-Inspector of Police Riaz Ahmed and Inspector Raja Amjad, the first two prosecution witnesses, who were also cross-examined by the defence counsel.
HEARING ADJOURNED: The judge adjourned the hearing of a kidnapping for ransom case against sacked provincial revenue minister Imtiaz Ahmed Sheikh till June 6.
Two accused — Mahfooz Ahmed, in custody, and Ateeq Ahmed Siddiqui, on bail, -– are being tried in the case, while the case of absconders, including Mr Shaikh, has been kept dormant.
The case against co-accused Agha Asghar, Nasir Mehmood, Mehmood Zakir, Mohammad Ashfaq and Ateeq Ahmed Siddiqui was registered by the Korangi police on March 28, 2005, on the complaint of one Zafar Iqbal, who alleged that his 17-year-old son was kidnapped on June 28, 2003, at the behest of the sacked minister.
The complainant alleged that the accused kidnapped Umer Iqbal from his house in Qayyumabad and demanded Rs1.5 million for his release. He alleged that the accused released his son after receiving Rs700,000 at the house of Mr Shaikh.
The judge dismissed the application of the defence counsel for accused Atiq, who had prayed to condone the absence of his client on medical grounds.
He ordered the counsel to produce the accused before the court for recording evidence.