Karachi, Oct 13: The Sindh High Court on Friday further restrained an anti-terrorism court in Karachi from announcing order in army personnel hostage taking case on Oct 14 being tried against four employees of former Chief Minister of Balochistan Sardar Akhtar Mengal.
The interim injunction came on fresh petition filed by Mohammad Yousuf, brother of accused Mehboob Ali who sought registration of FIR against army personnel.
The petition was before the court against the additional district and sessions court order which dismissed the application for registration of FIR, observing no prima facie complaint is made out for non-registration of case against the army personnel.
The petitioner said that the SHO of Darakshan was asked to apprehend army personnel and take action against them who used to chase vehicle carrying Sardar's children from school but for reasons best known to him, he registered a case on the complaint of army personnel and challaned the case before the ATC.
ATC, headed by judge Haq Nawaz Baloch, which declared Sardar Akhtar as absconder, was due to deliver verdict after concluding trial against Akhtar's four employees, Nasarullah Mengal, Ghulam Hyder Langah alias Chappar, Mehboob Ali Satti and Ghulam Qadir, for kidnapping two army personnel and making them hostage on April 5 in Karachi.
According to prosecution, Sardar Akhtar Mengal with other accused kidnapped an army Havildar Qurban Hussain and Lance Naik Fayaz Ahmed from Darakshan area with intention to kill them when army personnel were going to their intelligence duty.
Azizullah K Sheikh and Wazeer Hussain Khoso submitted that their client filed an application before the additional district and sessions court for registration of FIR against Qurban Hussain and Fayaz and sought interim injunction till disposal of the application.
As the matter was taken up before SHC's division bench, comprising Justice Sarmad Jalal Osmany and Justice Ali Sain Dino Metlo, the court was told by assistant advocate general, Habib Ahmed, that purpose of application was served as additional district and sessions judge disposed of his application.He also questioned the maintainability of the petition for registration of FIR and quashment of case as proper remedy was not invoked by the petitioner.
The counsel submitted that trial court also did not allow defendants side to produce witnesses in their defence and their side was closed in a haste.
The court, after preliminary hearing of the case, issued notice to AG Sindh for Oct 18.—PPI
