PESHAWAR: An anti-terrorism court on Friday acquitted a suspected Afghan militant arrested by the counter-terrorism department last year on the charge of carrying an explosive device.

Judge Tariq Yousafzai ruled that the prosecution didn’t prove its case against the accused, Farid, a resident of Afghanistan, currently living in Peshawar, and the evidence on record didn’t connect him with the offence.

The prosecution claimed that on Sept 21, 2016, the counter-terrorism department received an intelligence report that a militant of a proscribed outfit would reach the capital city carrying an explosive device with the intent to carry out a terrorist activity.

It added that the counter-terrorism department put a cordon near the Bhudni Bridge before arresting the accused for possessing a seven kilogrammes improvised explosive device along with prima cord and detonator.

The accused was charged under Section 7 of the Anti-Terrorism Act and Section 5 of the Explosive Substance Act.

The defense counsel, Shabbir Hussain Gigyani, said the accused was innocent as he was implicated in a concocted case.

He said the accused was first taken into custody by an intelligence agency and after remaining in illegal detention, he was handed over to the counter-terrorism department as nothing objectionable was found against him.

The lawyer said the prosecution witnesses had recorded conflicting evidence.

He added that the testimony of the bomb disposal unit’s chief contradicted the CTD officials’.

The lawyer said the BDU chief was not a notified chemical examiner in line with Section 510 of the Code of Criminal Procedure.

He added that under the law, the government had to notify a chemical expert but the BDU chief hadn’t been notified so far.

Published in Dawn, March 25th, 2017

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