September 03, 2008	Wednesday	Ramazan 2, 1429

KARACHI, Sept 2: A district and sessions court discharged on Tuesday three former MPAs of the Pakistan People’s Party from a case pertaining to the manhandling of a minority lawmaker in the Sindh Assembly as the public prosecutor through an application informed the court that the provincial government had withdrawn the case against the accused.

The prosecution said former PPP MPAs Munawar Abbasi, Nawaz Chandio and Saleem Hingoro were accused of beating up Eshwar Lal, a minority member belonging to the then ruling Pakistan Muslim League (Q), during a session of the Sindh assembly on June 21, 2006 and allegedly threatening to kill him for “sending a chit” through a peon to a woman member of the PPP, Shazia Marri.

The then opposition leader in the Sindh Assembly, Nisar Ahmed Khuhro, and MPA Murad Ali Shah have already been acquitted in the case.

The public prosecutor had filed an application under Section 494 of the Criminal Procedure Code (CrPC) to the court of district and sessions judge, south, Arjun Ram K. Talreja, on a previous hearing, stating that the provincial government on the request of complainant Eshwar Lal had withdrawn the case against the accused. The judge while allowing the application discharged the accused in the court.

According to Section 494 of CrPC, “any public prosecutor may, with the consent of the court before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried, and upon such withdrawal, if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences and if it is made after a charge has been framed, or when under this code no charge is required, he shall be acquitted in respect of such offence or offences.”

A case (FIR 396/06) was registered against the accused under Sections 324, 506-b and 109/34 of the Pakistan Penal Code at the Preedy police station.

Bank lockers case

A civil judge and judicial magistrate, south, remanded on Tuesday three suspects in jail custody till Sept 4 for their alleged involvement in a bank robbery case.

The police had on Aug 21 arrested two security guards deployed at the bank, Chindar Wali and Gul Hussain, and Noor Zali, father of another security guard, Shah Mohammad, who is stated to be the prime suspect in the case.

According to the prosecution, Shah Mohammad with his associates had looted cash, savings certificates and valuables worth millions of rupees by breaking into the lockers of the Habib Bank’s Mansfield Street branch in the limits of the Preedy police station by using gas-powered cutters in the small hours of Aug 15. Shah Mohammad had written a letter giving an eyewitness account of the crime before fleeing.

A case (FIR 574/08) was registered at the Preedy police station. Shah Mohammad is still at large.

Turabi case

An anti-terrorism court on Tuesday adjourned the hearing of a case pertaining to a suicide attack that had killed leader of Muttahida Majlis-i-Amal Allama Hassan Turabi and his nephew till Sept 20.

The judge, Annand Ram Hotwani of ATC-III, put off the hearing for want of time. The trial, being held inside the Central Prison, could not proceed on the pervious two dates of hearing due to the non-availability of security squad to the newly-appointed judge.

However, the court official said that security arrangements have been made and the judge would conduct the inside jail trial from the next date of hearing.

The Sindh chief of the Tehrik-i-Islami and provincial vice-president of the Muttahida Majlis-i-Amal, Allama Hasan Turabi, and his young nephew, Ali Turabi, were killed when a suicide bomber blew himself up outside the religious leader’s Gulshan-i-Iqbal residence on July 14, 2006. The alleged suicide bomber was later identified as Abdul Karim. Three police guards and a woman were also injured in the blast.

Sultan Mahmood alias Saifullah, Mohammad Amin alias Khalid Shaheen, Mohammad Akbar Khan, Mohammad Rehman alias Mani and Ashfaq Qureshi are facing charges of masterminding the suicide attack.

Meanwhile, the judical magistrates, South, Asif Ahmed and Ashraf Hussain Khawaja, re-issued on Tuesday bailable warrants for arrest of the prosecution witnesses for not appearing in court to testify in three difference cases registered against Dr Agha Javed Pathan and directed the police to arrest them and produce in court on Sept 17.

Javed Pathan was arrested on April 9 on charges of manhandling former Sindh chief minister Dr Arbab Ghulam Rahim and a case (FIR 202/08) was registered at Preedy police station under Sections 502, 452, 506-B, 337-A and F of the Pakistan Penal Code.

Both the courts, on Aug 16 had issued bailable arrest warrants for the witnesses. However, they did not turn up on Tuesday.

The police claimed that they also recovered illegal weapons, hashish and stolen motorcycle from Pathan’s possession and registered three other cases (FIR Nos. 199/08, 200/08 and 201/08) against him under Sections 392 of Pakistan Penal Code, 13-D of the Arms Ordinance and Section 6/9-A of Control of Narcotic Substances Act at Preedy police station. Later, Agha Pathan was released on bail.