KARACHI: Prosecution ends arguments in conspiracy case
By Our Staff Reporter
KARACHI, Nov 27: The prosecution in a case pertaining to President Musharraf’s assassination conspiracy sought capital punishment on Tuesday for the militants of Harkatul Mujahideen Al-Aalmi who are facing retrial in an anti-terrorism court.
The six accused, Mohammad Imran, Mohammad Hanif alias Ayub, Mohammad Ashraf, Waseem Akhtar, Mohammad Jamil and Arsalan alias Sharib, have been charged with hatching a conspiracy leading to a foiled attempt on the life of President Gen Pervez Musharraf on April 26, 2002 in Karachi.
Judge Ghulam Ali Samtio conducted the trial inside the Central Prison, Karachi.
Relying on the confessional statements of the three accused – Imran, Hanif and Ashraf – the special public prosecutor, Naimat Rindhawa, in his final arguments said that the case was fit for conviction as the accused had tried to assassinate the head of the state for which they deserved death sentence.
He submitted that Imran and Hanif, the chief and deputy chief respectively of the Harkatul Mujahideen Al-Alami, in their statements before a magistrate on July 17, 2002 had confessed to having conspired to assassinate President Musharraf along with their other accomplices due to his anti-Taliban and pro-US policies.
Mr Rindhawa said that the third accused Ashraf was arrested on July 26, 2002 and the same night he had volunteered himself to record his confessional statement and the next day ie July 27, 2002 he confessed that he was involved in the case.
Describing the three confessional statements as voluntary, true and without any coercion, torture and compulsion, the prosecutor referred to the rulings of the Supreme Court of Pakistan that conviction could be awarded on the basis of a true and voluntary confessional statement of an accused.
With regard to the other three accused in the case, Waseem Akhtar, Arsalan alias Sharib and Mohammad Jamil, who did not record their confessional statements, he argued that the three confessional statements carried the names of Waseem, Arsalan and Jamil and according to the Article 43 of Qanoon-i-Shahadat in case of a joint trial the confessional statement from the main accused could be used against the co-accused and they would get the same sentence which would be awarded to the main accused.
Concluding his arguments, the special public prosecutor stated that he had proved his case beyond any doubt and therefore, all the accused should be given maximum punishment under the law.
The court fixed Nov 29 to hear final arguments from the defence counsel.
According to the prosecution, the accused had planned to assassinate General Musharraf and parked an explosive-laden vehicle near Falak Naz Plaza to blow up the presidential convoy that was scheduled to pass through Sharea Faisal on April 24, 2002. However, the remote-controlled device failed to work when they tried to detonate the device while the president cavalcade was on Sharea Faisal.
Law enforcing agencies arrested the two accused, Mohammad Imran and Mohammad Hanif, who during the investigation confessed that they wanted to kill the president.
Later, the police managed to pick up other accused.
The case was referred to an anti-terrorism court which conducted the trial and convicted Imran, Hanif and Ashraf. The court, however, acquitted Waseem, Sharib and Naveed by giving them the benefit of doubt.
The accused later filed an appeal in the Sindh High Court, which set aside the conviction and sent the case for a retrial to anti-terrorism court.
