KARACHI, June 25: An anti-terrorism court acquitted on Saturday an accused in a kidnapping for ransom as the prosecution itself submitted before the court that there was no evidence available on record against him. Judge Arshad Noor Khan of the ATC-3 ordered immediate release of Mushtaq Jatoi, owner of a hotel in Larkana, who was tried for kidnapping of Dr Abdul Ghafoor Bhutto, director of a marketing company, who was released after payment of Rs2.9 million.

The judge pronounced his short order immediately after hearing final arguments from Special Public Prosecutor Naimat Ali Randhawa and defence counsel Mehmood A. Qureshi.

The prosecutor submitted before the court that there was no case as such against the accused and the court may order his immediate release because “an innocent man should not be kept behind the bars for a single minute”.

According to prosecution, represented by Special Public Prosecutor Naimat Ali Randhawa, five armed men kidnapped Mr Bhutto near Gulistan-i-Jauhar on Nov 17, 2004 when he was going to his residence in the DHA. Next day, the Sharea Faisal police registered the case against unknown culprits on the complaint of Ijaz, the brother of victim’s wife.

The kidnappers initially demanded Rs250 million. However, after a series of negotiations they accepted Rs2.9 million and released the victim on Dec 18, 2004.

Later, the AVCC arrested the accused who had acted as a middleman and received the ransom in three instalments.

Earlier, the investigation officer had also moved an application for the release of the accused under Section 169 of the CrPC as he could not collect any evidence against the accused during the course of the investigation.

However, the same court had dismissed the application of the investigation officer, seeking release of the accused under Section 169 of the CrPC.

The accused also moved a constitutional petition in the Sindh High Court following dismissal of the application of the investigation officer under Section 169 of the CrPC.

Then the accused moved on March 2 an application to the Sindh Chief Minister seeking withdrawal of the case against him. The home department submitted a summary to the CM for withdrawal of the case against accused Mushtaq Jatoi.

The CM approved the summary for withdrawal of the case and a notification to this effect was issued on May 5.

However, the court dismissed the application of prosecution and observed that the case would be decided after recording of the evidence.