KARACHI: The files of the 2009 Ashura bombing cases have been gathering dust in an anti-terrorism court for over the past six years since the law enforcement agencies are still clueless about the three suspected militants after their escape from the city courts premises in 2010.

Murtaza, alias Shakil; Saqib Farooqui; Wazir Mohammed and Murad Shah, said to be associated with the banned militant outfit Jundullah, were arrested and booked 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.

On June 20, 2010, the suspects were brought to the city courts in connection with a robbery case. After the hearing, the suspects were freed from police custody by their accomplices following an armed attack on the city courts premises and one of the four suspects, Murad Shah, was killed while fleeing.

After their escape, the investigating officer submitted a report in court in this regard on June 28, 2010 and the anti-terrorism court-III, where the trial is pending, abated the legal proceedings in all cases and issued life warrants for the arrest of the three suspects and directed the police to arrest and produce them in court as soon as possible.

Regardless of the fact that the suspects ran away around six years and four months ago, the city police and their special investigation units have been unable to trace and arrest them while some important questions with regard to their escape are still unanswered.

Following the arrest of the suspects, the special investigation unit (SIU) of police claimed that they were high-profile criminals and associated with proscribed Jundullah, but no one still knows as to why proceedings against them were not held inside the Karachi central prison or why they were brought to court without proper security arrangements despite the fact that the law-enforcers knew that they were hardened criminals. Normally, it is the responsibility of investigating officers to send a letter to the provincial home department asking it to notify the jail trial in high-profile cases. However, jail officials can also make such recommendations to the home department if they feel that the suspects are hardened criminals.

The legal experts believed that long suspension in the trials of such high-profile cases might cost the cases of the prosecution as the delay in trial always benefited the accused party since prosecution witnesses go underground or change their residence for fear. Besides, it is hard for a witness to remember the exact evidence for years while it is also a difficult task for the IOs to maintain the case property, police files and stay in touch with his witnesses.

Police said that the suspects were arrested after a shoot-out on Hawkesbay Road on Jan 23, 2010 and claimed that they had confessed to having carried out the attacks on the Muharram processions. They were chargesheeted under the Anti-Terrorism Act, 1997 and their cases were sent to the ATC-III for trial and the court supplied copies of documents to the suspects. However, they escaped before the indictment.

Murtaza and Saqib were booked for their alleged involvement in the shocking blast in the main procession of Ashura on Dec 28, 2009 that killed over 45 people and wounded about 100 others. The duo were also chargesheeted in the Paposh Nagar blast that took place on Dec 26, 2009 (8th of Muharram) when a Muharram procession was passing by and it left 13 people wounded.

Murad Shah with his absconding accomplices Haider, Hasnain and Sajid was chargesheeted in a case pertaining to a low-intensity blast that targeted a 9th of Muharram procession in Qasba Colony on Dec 27, 2009.

Published in Dawn October 12th, 2016