PESHAWAR: An anti-terrorism court acquitted an Afghan prayer leader charged by the counter-terrorism department with possessing two suicide vests at his room adjacent to a mosque in Peshawar.

It however ordered the deportation of the accused, Maulana Sahibur Rehman, over failure to produce legal documents needed for stay in the country.

The judge pronounced that the prosecution neither proved the charge of terrorism against the accused nor did the evidence available on record prove that the suicide jackets were recovered from him.

The prosecution claimed that local police had raided the Jamia Masjid situated in Chugalpura area of Peshawar on Jan 23, 2017, and seized two suicide jackets from a room adjacent to the mosque that was used by the accused.

Orders his deportation for not having official permission to stay in the country

The CTD had registered an FIR under different sections of the Anti-Terrorism Act and Explosive Substance Act.

It claimed that the investigation revealed that the accused was linked to a banned militant outfit, Jumatul Ahrar, and the seized suicide vests were to be used in acts of terrorism.

Defence lawyer Shabbir Hussain Gigyani claimed his client was falsely implicated in the case. He said the police had failed to develop any link between the accused and any banned organisation.

The lawyer said the room from where the jackets were allegedly recovered was not in exclusive use of his client.

He added that the people frequently used that room to serve their guests.

Mr Gigyani said even the prosecution witnesses had confirmed that the accused didn’t solely used the room.

He said his client had migrated to Pakistan over two decades ago and that he had been leading prayers in mosque here.

The lawyer said the accused had never been charged in any case of anti-social activity and that he was innocent.

Also in the day, another anti-terrorist court acquitted two persons charged by the CTD with distributing pamphlets of the banned Daesh (Islamic State) and creating hatred against the country and its security forces.

The court pronounced the verdict ruling that the prosecution failed to prove the charge against the accused, Jamil Khan and Dawood Khan.

The prosecution claimed that both the accused were distributing objectionable pamphlets in Karkhano Market on May 16, 2016. They were charged with inviting people to join the militant outfit, Islamic State.

An FIR was registered by the CTD under sections 7 and 11-W of the Anti-Terrorism Act.

Defence counsel Shabir Gigyani contended that while the prosecution had alleged that his clients were distributing pamphlets in the market nobody from general public was associated in the investigation to prove that they had received any pamphlet from the accused.

He added that Section 11-W of ATA related to printing, publishing and dissemination of any objectionable material but there was no evidence on record that the accused were involved in printing and publishing of the pamphlets.

The lawyer said even dissemination of material wasn’t proved by the prosecution as there was no independent witness from the people.

Published in Dawn, December 12th, 2017