KARACHI: ATC reserves order on transfer of ransom case
By Our Staff Reporter
KARACHI, Nov 6: An anti-terrorism court reserved on Monday order on the application of the defence seeking transfer of a kidnapping for ransom case against two police officer, including a DSP.
Judge Ghulam Ali Samtio of the ATC-1 fixed Tuesday for the pronouncement of order after hearing the arguments forwarded by special public prosecutor Naimat Ali Randhawa and defence counsel Raza Hashmi.
The case against DSP Ghulam Mustafa and Sub-inspector Mohammed Sarfaraz of the Sachal police was registered under Section 365-A of the Pakistan Penal Code on the orders of a judicial magistrate of district Malir.
According to the prosecution, Gul Farooq, a cloth merchant, was picked up by the SI at his Ittehad Town residence in Clifton on Dec 15, 2003. The DSP and the SI allegedly demanded Rs500,000 from the victim’s brother for his release.
The victim’s brother moved an application to the district and sessions judge, Malir, for the recovery of the cloth merchant.
A judicial magistrate, Abdul Qudoos Memon, raided the lock-ups of the Sachal police on Jan 7, 2004 and recovered the victim after a 23-day illegal detention.
On the directives of the district and sessions judge, Malir, the judicial magistrate lodged an FIR against the two police officials for kidnapping Gul Farooq for ransom.
However, later the police investigated the case and they submitted a report to the court of Judicial Magistrate Zeeshan Akhtar that it was not the case of kidnapping for ransom and the accused would be booked for offences of wrongful confinement and extortion.
However, the magistrate dismissed the police report exonerating their colleagues from the charge of kidnapping for ransom. He ordered the police to registered the case against the two police officials under Section 365-A.
Later, the police submitted the final charge-sheet of the case before the administrative judge of the ATCs and showed the two police officials as absconding accused.
Subsequently, the case was assigned to Judge Samtio of the ATC-1.
On Oct 30, accused SI Sarfaraz appeared before the court and moved an application for bail before arrest through his counel Raza Hashmi. The judge dismissed the pre-arrest bail application and ordered the police to take the SI into custody. On Oct 31, the judge sent the SI to judicial custody.
Meanwhile, the defence counsel moved before the court an application seeking shifting of the case from the ATC to an ordinary court under Section 23- A of the Anti-terrorist Act.
The defence counsel contended that the court had no jurisdiction to try the case as it was the case of wrongful confinement and extortion.
He argued that the offences made out in the FIR should be tried by the ordinary court as they did not fall under the ambit of the ATA.
The special public prosecutor, however, opposed the application of the defence counsel. He submitted that the accused committed an offence of kidnapping for ransom as they illegally confined the victim and demanded Rs500,000 for his release as ransom.
