February 02, 2007	Friday	Muharram 13, 1428

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KARACHI, Feb 1: Former Balochistan chief minister Sardar Akhtar Mengal would approach the Sindh High Court chief justice for transfer of two army officials’ kidnapping case against him from the anti-terrorism court of Judge Haq Nawaz Baloch, his counsel Azizullah Shaikh told an SHC division bench on Thursday.

The bench comprising Justices Rehmat Hussain Jafferi and Munib Ahmed Khan was disposing of a writ petition moved by the former chief minister against his trial by the judge who had tried and convicted his four servants and co-accused in the case.

Nasrullah, Mahboob Ali, Ghulam Hyder and Ghulam Qadir were sentenced to life imprisonment for kidnapping, maltreating and holding as hostage havaldar Qurban Husain and lance naik Fayyaz Ahmed at the instance of the former chief minister, who was declared an absconder. He moved a writ petition against his trial by the same judge.

Advocate Azizullah said the trial court had already given findings against the former CM. He could not be expected to acquit the ex-CM, howsoever strong his case, after holding that the prosecution evidence produced in the case was sufficient to sustain the conviction of four co-accused. The conviction order said the police would not normally involve a prominent political personality in a false case.

The bench remarked that the evidence to be produced against the ex-CM would be independently assessed since the trial was independent. In any case the appropriate remedy was to approach the chief justice, who was empowered by Section 28 of the Anti-Terrorist Act to transfer cases from one anti-terrorism court to another. The counsel agreed and the petition was disposed of accordingly.

The bench disposed of another criminal revision petition, seeking registration of a case against the two allegedly abducted army personnel for harassing them and their employer, Sardar Akhtar Mengal.

The petitioner, a nephew of the ex-CM, said the entire household of his uncle was harassed by the two army men by chasing their cars and virtually cordoning off his Defence residence. His complaint was not entertained by the police, while a counter-case registered against the four domestic servants resulted in their life imprisonment.

The former chief minister was cited as a co-accused and was now being tried by an anti-terrorism court. A district judge dismissed the plea for registration of a case and he approached the high court.

The bench asked the SHO concerned to look into the complaint and register a case if a cognizable offence was made out. It disposed of as infructuous two other petitions against the trial of the four domestic servants.

Another division bench comprising Chief Justice Sabihuddin Ahmed and Justice Faisal Arab adjourned to February 8 the hearing of a petition moved by Sardar Mengal for removal of Military Intelligence guards from his cell and his treatment in accordance with the Prison Act and rules. Additional Advocate-General Abbas Ali said Advocate-General Anwar Mansoor Khan would personally make submissions and he could not appear due to his aunt’s death.