PESHAWAR: A single-member Peshawar High Court bench on Monday granted bail to two suspected militants charged by the counter-terrorism department with carrying explosive material and hand grenades in a vehicle here.

Justice Qalandar Ali Khan accepted the bail petition jointly field by the two, including Munir Shakir and Faridoon Khan, after their counsel informed the bench that the former was a missing person and was implicated in a concocted case.

The CTD insisted that it had arrested the two suspects near Pajjagi Road after the recovery of 20kg explosive material, prima cord, detonators and some hand grenades from the car they’re travelling in.

It added that the seized goods were being smuggled from tribal areas.

PHC warns won’t allow re-arrest of suspects released on bail

An FIR was registered on Sept 27, 2017, at the CTD police station under Section 7 of the Anti-Terrorism Act and Section 5 of the Explosive Substance Act.

Shabir Hussain Gigyani, lawyer for petitioners, said one of his clients, Munir Shakir, was picked up by the law-enforcement agencies before being booked in an extortion case.

He added that Munir secured bail from an anti-terrorism court in the case on July 5, 2017.

The lawyer said after he submitted surety bonds for bail, Munir Shakir was freed from prison but was taken away by law-enforcement agencies from the jail’s premises.

He said his client’s illegal detention was challenged in the high court in July 2017.

The lawyer said while the said petition was pending with the high court, the CTD registered the ‘concocted’ explosives smuggling case against his client.

He said a focal person for federal and Khyber Pakhtunkhwa governments in missing persons cases informed the high court that Munir Shakir was behind bars in extortion case though as a matter of fact, he was granted bail in the case.

During hearing, the judge observed that the court would not allow the law-enforcement agencies to make mockery of the judiciary by re-arresting suspects released on the bail granted by courts.

He added that nobody was allowed to snatch the ‘life and liberty’ of a person guaranteed under the Constitution.

BAIL GRANTED: Justice Roohul Amin Khan Chamkani of a single-member Peshawar High Court bench granted bail to a man suspected of kidnapping and raping a married woman in Nowshera district few months ago.

Umar Taj was suspected as the rapist by the woman’s husband. The woman was recovered from the petitioner’s house.

The suspect’s lawyer said his client belonged to Mardan district and that the woman had gone away with him of her own free will and that she was not kidnapped.

He produced a nikahnama (marriage certificate) and contended that his client didn’t know the woman was already married and that in fact, she had lied to him that she was unmarried.

He added that the marriage was duly registered in his union council and that the woman had given an undertaking at the time of marriage that she was unmarried and was marrying the petitioner without duress.

The lawyer said under the Criminal Law (Amendment) (Offences Related to Rape) Act, 2016, it was mandatory for the prosecution to conduct DNA tests on both suspect and rape victim but in the instant case, the investigation officer didn’t do so.

Published in Dawn, December 19th, 2017