KARACHI: The Sindh High Court has dismissed two appeals filed by the provincial government against acquittal of two alleged militants in as many cases of extortion and terror financing.

The Counter Terrorism Department had booked and arrested Mohammad Ibrahim, alias Lakhani, said to be affiliated with the banned Sipah-i-Sahaba Pakistan, in July 2019 and Furqan Ahmed, allegedly belonging to banned Haqqani Network, in July 2020 for allegedly collecting donation/funding for their prohibited organisations and the same was to be used for terrorist activities all over the country.

However, the trial courts had acquitted Ibrahim and Ahmed in August 2020 for lack of evidence and thereafter, the provincial government, through the prosecutor general of Sindh, had challenged both the judgements before the SHC.

After hearing both sides and examining the record and proceedings of the cases, the two-judge bench headed by Justice Naimatullah Phulpoto dismissed the appeals and upheld the judgements of the trial courts.

On the appeal against Ibrahim’s acquittal, the bench in its order noted that recovery of receipts and donation books had not been proved by cogent and confidence-inspiring evidence while private persons present around the place of arrest and recovery were also not examined before the trial court.

Police officials had also failed to take photographs when search and seizure was made as Article 164 of the Qanun-i-Shahadat Order 1984 specifically permitted the use of any evidence that may have become available because of modern devices or techniques, it added.

In the second appeal, the SHC observed that the prosecution had failed to establish the affiliation of the respondent/accused with banned organisation (Haqqani Network) before the trial court.

“So far recovery of two receipt books is concerned, there was no evidence that those receipt books were verified by the IO. Prosecution has also failed to prove safe custody of the receipt books allegedly recovered from the respondent at the police station”, it added.

The SHC further observed that both the impugned judgments passed by the trial courts were neither perverse nor speculative, but based upon sound reasons, which required no interference by this court.

The prosecution contended that on July 10, 2019 a patrolling police party of CTD had arrested Ibrahim for collecting donations/funds for Sipah-i-Sahaba and found three funding receipt books in his possession.

It further asserted that the CTD had also apprehend Ahmed, who belonged to the proscribed Haqqani Network, on March 27, 2020 as he was collecting funds for the banned organisation, which was to be used for terrorist activities all over the country.

Published in Dawn, December 18th, 2023