KARACHI: Magistrates testify in US diplomat killing case
By Our Staff Reporter
KARACHI, Nov 13: An anti-terrorism court put off hearing of US diplomat killing case against two activists of Al Qaeda after recording the deposition of two prosecution witnesses.
Judge Haq Nawaz Baloch of the ATC-5, who is conducting the trial inside Central Prison, fixed Nov 15 for the next hearing after recording statements of judicial magistrates, Khushi Mohammed and Muqtadar Ali Khan, who had conducted separate identification parades of the accused.
Two Al Qaeda activists are being tried for masterminding suicide car bombing to kill US diplomat. Ilyas Khan, counsel for accused Anwarul Haq, and Mustaq Ahmed, counsel for Usman Ghani, cross-examined JM Khushi Mohammed.
The cross-examination of JM Muqtadar Ali Khan was, however, reserved by the judge till the next hearing as the court rose for the day.
Judicial magistrate Khusi Mohammed deposed before the court that he had conducted the identification parade of accused Anwarul Haq on Aug 26. He said two prosecution witnesses – Raja Mohammed Idrees and Ali Azam – had identified the accused among a set of dummies.
During cross-examination by defence counsel Ilyas Khan, the magistrate admitted that he had not taken the signatures of the prosecution witnesses on the memo of the identification parade.
To another question by the defence counsel, JM Khusi Mohammed said he had not ascertained the identification of the two prosecution witnesses before they identified the accused.
When asked by the defence counsel, the JM admitted that he did not know about the prescribed form of the identification parade.
In his examination-in-chief, Judicial Magistrate Muqtadar Ali Khan deposed that he had conducted the identification parade of accused Usman Ghani and Anwarul Haq on Aug 28, 2006. He said three prosecution witnesses – Raja Mohammed Afzal, Raja Mohammed Idrees and Ali Azam – had identified the two accused.
He also deposed that he had also recorded the confessional statement of accused Anwarul Haq.
The prosecution is being represented by special public prosecutor Mazhar Qayyum.
Four people were killed on March 2 this year when a suicide bomber rammed his explosive-laden car into the diplomat’s vehicle yards away from the US consulate-general.
The blast that took place in a narrow lane between the five-star Marriott Hotel and Naval Surgery Hospital also left over 50 others wounded.
US Consulate official David Foy, his Pakistani driver Iftikhar and Lance Naik Zafar of Rangers were killed instantly.
The body of the suicide bomber, later identified as Mohammed Tahir, was also torn into pieces.
According to investigators, the explosive-laden car was parked outside the naval establishment, and when the convoy, carrying the US official appeared, the bomber rammed his vehicle into the bullet-proof car. The vehicle flew up into the air before landing across a concrete barrier on the pavement of Marriot.
Investigation of the case was assigned to Inspector Tariq who got a clue about the identity of the suicide bomber.
According to the charge-sheet, Mohammed Tahir son of Raja Afzal had left his Landhi house on March 2 after Fajr prayers and later his family was informed of his martyrdom.
On Aug 15, the investigation officer visited the house of the suicide bomber and recorded the statement of his father.
Raja Afzal told the investigator that his son had gone to Afghanistan for Jehad thrice and had also been imprisoned in Afghanistan. The father of the suicide bomber told the IO that a man visited his house thrice after the disappearance of his son and gave him Rs5,000, Rs8,000 and Rs10,000 during his three visits.
Raja Afzal also told the investigator that the same man contacted his another son, Raja Mohammed Idrees, a student at Binori Town Madressah in July to tell him that Tahir had martyred.
On Aug 18, the investigation officer recorded the statement of Idrees, who also supported the statement of his father.
The brother of the suicide bomber told the IO that he knew one of his brother’s friends, Usman, who had brought his letter to the family from Afghanistan during his detention there.
NBWs recalled: The district and sessions judge, South, Agha Rafique Ahmed Khan, recalled on Monday non-bailable warrants for the arrest of a PPP MPA in the Eshwar Lal case after he voluntarily appeared before the court.
The judge had issued on Oct 19 the NBWs for the arrest of MPA Murad Ali Shah, son of former chief minister Abdullah Shah, for not turning up to the court to attend the hearing.
While ordering the arrest of the MPA, the court had also dismissed the application of defence counsel Shahadat Awan praying the court to condone the absence of PPP MPA as he was sick.
On Monday, the defence counsel submitted to the court that his client was unable to attend the court on the last date of hearing and that the application to condone his absence was rejected only for want of medical certificate.
He argued that since the accused MPA had now voluntarily appeared along with the medical certificate, his absence during the last hearing might be excused.The judge granted the application of the defence counsel, and Murad Ali Shah was allowed to continue on the same bail.
The judge directed the MPA to appear before the court on Nov 17 for formal indictment in the case.
Other four accused -- Nisar Ahmed Khuhro, leader of opposition in the provincial assembly, and three other MPA of the Pakistan People Party, Munawar Ali Abbasi, Mohammad Nawaz Chandio and Mohammad Saleem Hingoro – are also on bail.
