KARACHI: The files of the 2009 Ashura blast case have been gathering dust in an antiterrorism court for around four and a half years, as the law enforcement agencies are still unable to recapture three suspected militants said to be associated with Jundullah after their escape from the city courts in 2010.

Murtaza alias Shakil, Saqib Farooqui, Wazir Mohammad and Murad Shah said to be associated with the banned militant organisation were arrested in January 2010 for their alleged involvement in four cases pertaining to the attacks on Muharram processions in December 2009, including a devastating bomb blast that ripped through the main Ashura procession on M.A. Jinnah Road, killing more than 45 people.

Three of the suspects got freed in June 2010 by their accomplices who attacked the city courts where they had been brought in connection with the hearing of a robbery case. One of the fleeing suspects, Murad Shah, was killed while a policeman also lost his life in the firing.

After the escape, the antiterrorism court-III, where the four cases against them were pending trial, abated the legal proceedings in all the cases and issued life warrants for the arrest of the three suspects. The judge directed the police to arrest and produce them in court as soon as possible. But over four and a half years have passed, with the police, special investigation unit (SIU) and other law enforcement agencies still being clueless about the whereabouts of the three militants.

Strangely enough, the suspected militants, who were high-profile hardened criminals associated with Jundullah according to the SIU, were not tried inside the jail. Police did not even make proper arrangements while taking them to the city courts. According to legal experts, an investigating officer sends a letter to the home department asking it to notify jail trial in high-profile cases though jail authorities can also make such recommendations if they find a suspect as hardened criminal by monitoring his activities on the jail premises or if they have insufficient security to take them to courts.

They were arrested after a shootout on Hawkesbay Road on Jan 23, 2010, the police said, adding that they confessed to having carried out attacks on the Muharram processions. Their cases were sent to the ATC-III for trial after they were charge-sheeted under the Anti-Terrorism Act, 1997 and the court supplied copies of documents to them under Section 265-C of the criminal procedure code. However, they escaped before their indictment.

Murtaza and Saqib were booked for their alleged involvement in the blast in the main procession of Ashura on Dec 28, 2009 that killed over 45 people and wounded about 100 others. Both were also charge-sheeted in the Paposh Nagar blast that targeted a Muharram procession on Dec 26, 2009 (8th of Muharram) and left 13 people wounded. Murad Shah along with his absconding accomplices Haider, Hasnain and Sajid was also charge-sheeted in a case pertaining to a low-intensity blast that targeted a procession in Qasba Colony on Dec 27, 2009 (9th of Muharram) and left 17 people wounded.

All the four suspected militants were also facing trial in another case under Sections 4/5 of the Explosive Substance Act read with Section 7 of the ATA at the Sir Syed police station since the police claimed that they had seized explosive material on a lead given by the suspects.

A sessions court, however, acquitted all the four suspects in as many cases related to planned attacks in Muharram for want of evidence and ‘lack of interest’ on the part of witnesses in 2011.

The criminal investigation department of the police had claimed to have arrested Syed Mohammed Waseem aka Imran, Mohammed Aijaz aka Abdul Rehman, Jamil Ahmed aka Wazir Akbar, Mohammed Hamid, aka Qasim and would-be suicide bomber Aziz Ahmed aka Mohammed Khan of a banned militant outfit on the eve of Ashura in January 2008 in New Karachi.

The CID police said the suspects had planned to target processions and a sizeable quantity of explosive material and illicit weapons were seized from their custody.

The court, however, granted bail to all the accused in 2008 due to extended absence of investigating officer inspector Mohammad Younus and witnesses inspector Nasir Khan, inspector Mohammad Iqbal, sub-inspector Riaz Ahmed Gujjar and ASI Arif. Later in November 2011, only the IO and ASI Arif Hussain turned up to record their statements while the prosecution left the remaining witnesses abandoned. Eventually all of the suspects were exonerated except Aziz Ahmed, who reportedly went missing following his release from prison on bail, on Nov 23, 2011.

Published in Dawn, November 4th, 2014