KARACHI: The Sindh High Court on Monday ordered the transfer of two cases pending against suspended senior superintendent of police Rao Anwar and others, including the murder of Naqeebullah Mehsud, from one antiterrorism court to another ATC.

After hearing both sides, a single bench of the SHC headed by Chief Justice Ahmed Ali M. Shaikh allowed both petitions filed by Naqeebullah’s father expressing no confidence in the trial court (ATC-II) judge and seeking transfer of the cases to another ATC for trial.

During the hearing, the chief justice asked the lawyer, representing the suspended police officer, if it was proper for the trial court to amend its order twice in a day, adding that the prosecution also conceded that the observations made in the order regarding travel of Rao Anwar were also not appropriate.

Petitioner contended that the trial court had developed a bias in favour of ex-SSP Rao Anwar, set at large on bail

The then SSP Malir with his subordinates has been facing trial before ATC-II for allegedly killing Naseemullah, better known as Naqeebullah Mehsud, and three others in an alleged staged encounter on Jan 13 in a Malir locality and then framing them in explosives and illicit weapon cases.

Mohammad Khan, father of Naqeebullah, through his lawyer Faisal Siddiqi had moved the SHC and contended that he had no confidence in the judge of ATC-II, who was hearing both cases, since the court was allegedly giving undue benefit to the suspects by not passing orders on his objections and he had reasonable apprehension that the presiding officer of the trial court would not be able to act impartially while deciding the cases.

The petitioner further contended that the trial court had developed a bias in favour of Rao Anwar and his subordinates, and that bias was apparent from the fact that the presiding officer had to date failed to consider and pass any order on the written objections filed by the applicant.

He maintained that it was a settled principle of law that while hearing a bail application, a court should not go into deeper appreciation of evidence. However, the presiding officer of the trial court while going into deeper appreciation of evidence had given a detailed order on the bail application of the main suspects and also made statements in his favour, and that showed that the judge had already made up her mind regarding the outcome of the extrajudicial killing case.

While impleading Rao Anwar, other suspects, home department and prosecutor general as respondents, the petitioner requested the court to transfer the trial proceedings of both cases from ATC-II to any other competent court in the interest of justice.

Rao Anwar was arrested in Islamabad after he finally surrendered to the Supreme Court in March after eluding the law enforcers for one month. However, he obtained bail in both cases from the trial court in July. Naqeebullah’s father has also moved the SHC against the cancellation of Rao’s bail.

Published in Dawn, November 6th, 2018