HYDERABAD: A division bench of Sindh High Court on Friday quashed a death sentence awarded by the Hyderabad Anti-Terrorism Court (ATC) to an accused in a kidnapping for ransom case.

According to appellant’s counsel Hasan Feroze, Wali Mohammad, son of Lal Mohammad Jurio, was declared pauper and the bench, comprising Justice Niamatullah Phulpoto and Justice Mohammad Karim Khan Agha, had appointed him as his counsel to fight his appeal in Karachi. The appellant was sentenced to death by the ATC Hyderabad on Dec 24, 2012 in the case lodged at Mirpurkhas police station on Nov 16, 2012.

Irfan Usman and his driver Jan Mohammad were kidnapped on Oct 13, 2012, in Mirpurkhas in the village of Wali Mohammad Khatiyan. The hostages were kept in captivity for 91 days and then freed in Jamshoro.

Usman’s uncle Abdullah had lodged FIR No. 102/12. Jurio was arrested and the ATC sentenced him to death. A reference for confirmation of the death sentence was filed in Sindh High Court’s Hyderabad circuit bench, which was transferred to the principal seat after appellant filed his appeal there.

Hasan Feroz represented the accused and while arguing his case contended that he was already under arrest in some other case since Feb 2, 2012. He was arrested from Sann, adding that he was falsely implicated in the case. He said the recovery of hostages and identification parade were doubtful.

He said that no ransom was paid and hostages were not recovered from his captivity. He added that Wali Mohammad was in illegal confinement since Feb 2, 2012. He was shown arrested in this case on April 5, 2012 near saline water drain in Sanghar.

Published in Dawn, April 6th, 2019