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October 19, 2007 Friday Shawwal 6, 1428







LHC summons woman bailed out by ATC



By Mudassir Raja


RAWALPINDI, Oct 18: The Lahore High Court (LHC) Rawalpindi bench on Thursday asked a woman, allegedly involved in a suicide attack on President Musharraf, to appear in the court after the government moved a petition seeking cancellation of bail granted to her by an anti-terrorism court (ATC).

A double bench of the court, comprised Justice Abdul Shakoor Paracha and Justice Syed Sajjad Hussain Shah, asked Mohammad Akram, lawyer of accused Shazia Mubashir, to make her presence sure in the court on Nov 21.

The bench also directed the lawyer to submit fresh legal attorney of Ms Mubashir. The federal government moved the LHC on Sept 13 against the verdict of the ATC-1 Judge Habibur Rehman who granted bail to the accused in the case of two fatal suicide attacks on the president near Jhanda Chichi, Rawalpindi, on Dec 25, 2003.

The government stated in its petition that, primarily, the bail decision was taken in violation of law and the facts related to the case.

Secondly, the accused was involved in a heinous crime and had thoroughly been investigated by the army and police. Thirdly, the judge granted the bail ‘exceeding’ his jurisdiction in this regard.

Ms Mubashir was granted bail on Sept 12 by the ATC-1 and she was later arrested by the Bahawalpur police, her native city, where a separate case was registered against her. She was also granted bail by an anti-terrorism court in Bahawalpur early this October.

Shazia Mubashir along with her brother Hafiz Tahir was arrested on Jan 3, 2004 from the house of her father in Bahawalpur in connection with the suicide attack.

About 15 people, mostly security officials and passers-by were killed when extremists rammed two explosive-laden vehicles into the presidential motorcade.

A case was registered with Civil Lines police station with charges of sedition, murder, terrorism and use of explosive materials

Her lawyer had been claiming that she along with her husband and seven other men was tried by the court of field general marshal in Attock and was acquitted of all charges.

She was handed over to the police on Aug 23, 2005 who arrested her again to be tried under the charges of terrorism.

Prosecution failed to complete challan against her till Dec 6, 2006 and the accused along with her minor son during that time remained at the Central Jail Adiala without any legal proceeding.

Her acquittal petitions before the ATC and LHC Rawalpindi bench remained unheard as the defence failed to produce the orders of the army court about her exoneration in writing.

The defence had been arguing that a person could not be tried again on the same facts for different charges under the law.

It was on Sept 4 that she, on the orders of the chief justice, was produced in the Supreme Court where her missing brother Hafiz Tahir was also presented by the authorities after their father Hafiz Mohammad Quraish invoked the apex court for their release. Her acquittal application is still pending before the ATC-1.






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