PESHAWAR, Nov 2: An anti-terrorism court here on Friday took notice of the non-inclusion of sections of Anti Terrorism Act (ATA) in a case of robbery allegedly committed by an official of Intelligence Bureau and four policemen and directed the senior superintendent of police (investigation) and district public prosecutor to explain whether provisions of ATA and those of kidnapping were not applicable to this case.
The court presided over by Syed Asghar Shah summoned SSP (investigation) Sajid Mohmand and the public prosecutor and inquired from them why section 7 of the ATA and section 365-A of Pakistan Penal Code, related to kidnapping for ransom, were not included in the FIR of the case.
The officials claimed that these sections were not attracted in the instant case. However, the presiding officer directed them to prepare the case and assist the court on Saturday (Nov 3) on the said point. The judge observed that when the accused officials had kidnapped the complainant and looted him, why the said sections of laws were not applicable to them.
The presiding officer took notice of the issue under section 19(3) of the ATA, which empowered the court to take cognizance of an offence in its jurisdiction.
The five alleged robbers are identified as assistant director of Intelligence Bureau Syed Yousaf Raza, assistant sub-inspector Noor Islam and three constables Waseem, Shehzad and Kaleem.
They were sent to prison by a judicial magistrate on Thursday.
The accused had allegedly stopped a currency dealer named Arshid Ali, a resident of Mardan, on Oct 24 on the Peshawar-Islamabad Motorway. While in uniform, they forcibly took away the currency dealer to Wapda Colony situated at Bilal Town on G.T. Road and allegedly snatched from him foreign exchange worth Rs10 million and a cellphone. The FIR of the case was registered at Paharipura police station.