KARACHI: An anti-terrorism court on Thursday sentenced three men to a collective sentence of 31 years rigorous imprisonment in the cases pertaining to possession of explosives, illicit arms, encounter and attempted murder.

The four accused — Imtiaz, Ghulam Abbas, Syed Irfan Ali and Saeed — were found guilty of possessing explosives and arms, attempt to murder and encounter with police within the remit of the Kharadar police station on December 12, 2017.

The ATC-X judge, who conducted the trial in the judicial complex inside the central prison, pronounced his judgement, which was earlier reserved, after recording evidence and final arguments from both sides.

The judge in his order wrote that the prosecution had proved its case against the accused persons as the testimonies of the prosecution witnesses inspired confidence. Therefore, the judge held all the detained men guilty of all the offences for which they were charged with.

The court convicted three men — Imtiaz, Ghulam Abbas and Syed Irfan Ali — under Section 7(h) of the Anti-Terrorism Act, 1997 read with Sections 353 (assault or criminal force to deter public servant from discharge of his duty) and 324 (attempt to murder) of the Pakistan Penal Code.

The three men were handed down 10-year rigorous imprisonment and a fine of Rs100,000 each. On default, they would undergo six months’ simple imprisonment.

The court further convicted them under Sections 4/5 of the Explosive Substances Act read with Section 6(2)(ee) and awarded 14 years rigorous imprisonment.

Separately, the court also convicted the three accused persons along with fourth co-accused Saeed, under Section 23(i)-A of the Sindh Arms Act 2013 and sentenced them to seven years rigorous imprisonment and a fine of Rs50,000. On default, they would undergo an additional six-month simple imprisonment.

According to the prosecution, the four accused persons duly armed with weapons were present at the Kaaghzi Bazaar with intention to commit offence in Dec, 2017. Acting on a lead, a police party reached the spot. When the suspects were asked for their body search they opened fire on the policemen with the intention to commit murder, the prosecution added.

The special public prosecutor Ghulam Abbas Dalwani argued that after a brief encounter the police officers arrested the accused persons and recovered one TT pistol of .30 bore calibre each with live bullets and hand grenade from Imtiaz, Abbas and Irfan. Another TT pistol of .30 bore calibre was recovered from Saeed, he added.

The prosecutor further argued that there was enough material available with the prosecution to connect the role of the detained men with the offences they had committed and pleaded to punish them in accordance with the law.

The defence counsel for the detained men — Mohammad Munir Ahmed, Sajjad and Qaim Ali — denied the charges levelled by the prosecution and claimed that their clients were innocent.

They contended that the police had framed their clients in false cases and pleaded to acquit all the men, who were detained unlawfully and implicated in the cases.

Six cases were registered against the accused persons under several sections of the relevant laws.

Published in Dawn, September 28th, 2018