KARACHI: The Sindh High Court on Tuesday dismissed an application for making a TV interview of one of the convicts in Perween Rahman murder case part of proceedings as additional evidence.

Complainant Aquila Ismail, sister of Ms Rahman, through her lawyer filed an application asking the SHC to take on record the interview of appellant Rahim Swati as additional evidence as he was seen to be confessing the murder in the said interview.

After hearing both sides, a two-judge bench headed by Justice Mohammad Karim Khan Agha observed that it was not a new or additional evidence as the interview was uploaded on the internet in 2016 when the trial was at very initial stage.

The video interview was also in the knowledge of the prosecution at the time of trial as well as mentioned in the report of the joint investigation team, it added.

Bench says it appears the application was filed to delay convicts’ appeals

“The additional evidence is not necessary as its purpose is to bolster a confession which albeit retracted the trial court relied upon to convict the appellants and as such the evidence is already on record in terms of the retracted confession and the existence of the video through the exhibited JIT report,” the bench observed.

It further noted that even if the application was allowed at this stage — one year after the conviction — it would prejudice the accused by delaying their appeals for months if not years as the piece of evidence in question would have to undergo stringent tests before it could even be held to be admissible in view of a judgement of the apex court.

Besides, it would also virtually open floodgates for any shoddy prosecution to be strengthened years after completion of trial and the appellants have to go through further delay before their appeals can be heard on account of additional evidence, which was available at the time of trial, it added.

“Prima facie it appears that the application was made in order to delay the hearing of the appeals which we find to be most disappointing,” the bench in its order stated.

Dismissing the application, the bench fixed the appeals for hearing on Nov 10 with direct intimation to all the lawyers for appellants and complainant as well as the additional prosecutor general.

Ms Rahman, a renowned social worker and former head of the Orangi Pilot Project, was gunned down near her office on Manghopir Road on March 13, 2013.

An antiterrorism court had sentenced Rahim Swati, Amjad Hussain Khan, Ayaz Ali alias Swati and Ahmed Khan alias Pappu Kashmiri to life imprisonment in December last year after holding them guilty of facilitating, aiding and abetting the outlawed Tehreek-i-Taliban Pakistan for the murder of the rights activist.

The trial court had also handed down seven-year term to Imran Swati, son of Rahim, on charge of concealing evidence.

Published in Dawn, November 9th, 2022