KARACHI: The Sindh High Court on Wednesday overturned a 10-year imprisonment of Muttahida Qaumi Movement-Pakistan leader Amir Khan and life term of co-accused handed down by trial court in 2004 in the murder of two political activists.

The two-judge bench headed by Justice Mohammad Karim Khan Agha allowed the appeals of both appellants against their convictions pending since 2004 and also dismissed an appeal of the state seeking enhancement of the sentence awarded to the MQM leader.

An antiterrorism court had sentenced Amir Khan, the then secretary general of the Mohajir Qaumi Movement, to 10-years imprisonment in December 2004 for abetting the co-accused persons in killing two activists of their rival group Muttahida Qaumi Movement during a by-election in June 2003 in a Landhi locality and also awarded life term to co-accused Tariq, alias Bata. The ATC had also awarded life imprisonment to two absconders — Nazim, alias Kala, and Raees, alias Topi — in absentia.

Both the convicts through their lawyers had challenged the trial court order before the SHC and the state had also filed an appeal asking the appellate bench to convert the 10-year term of Amir Khan into life imprisonment. During the pendency of his appeal, the SHC had granted bail to Amir Khan in 2009.

After hearing both sides and examining the record and proceedings of the case, the division bench of the SHC set aside the trial court verdict and also turned down the appeal of the state.

State’s appeal to enhance sentence from 10 years to life imprisonment rejected

The bench in its judgement observed that it could not safely rely on the evidence of the four main prosecution witnesses, including the driver of the hi-roof van, since there was an unexplained delay in the registration of the FIR, which was based on the particular facts and circumstances. The delay gave the complainant, police and the rival political party a chance to falsify the case against the appellants and the inordinate delay was not adequately explained, it added.

The bench further said that no recovery was made from Tariq at the time of his arrest and thus the recovery of empty casings at the crime scene was of no consequence, adding that if Amir Khan had given the orders of killing the persons travelling in the vehicle, then why Tariq had not killed the driver and left him behind as a potential witness against him.

In the absence of supportive/corroborative evidence, the benefit of doubt was given to both the appellants and their appeals were allowed, it concluded.

According to the prosecution, five MQM-Haqiqi activists — Tariq, Nazim and Raees — came in a car while Amir Khan was travelling in another vehicle and the activists had opened fire on the hi-roof van carrying workers of their rival group.

Anum Aziz died instantly and Mohammed Naeem, who was seriously wounded in the attack, died after two days.

The FIR was registered at the Landhi police station and the prosecution alleged that the double murder was committed at the behest of the then general secretary of the MQM-H during the by-elections of the National Assembly constituency NA-255 in Landhi.

The trial court had also awarded a seven-year term to Tariq and his two absconding accomplices for attempting to kill the driver of the hi-roof in which the victims were travelling. They also got yet another two-year term for causing damage to the vehicle.

Published in Dawn, April 16th, 2020