KARACHI, April 5: The Sindh High Court on Wednesday issued notice to AG Sindh for April 12 on an application by Harkatul Mujahideen Al Alami activist against reopening of prosecution side in the US Consulate car bombing trial.

Naveedul Hasan, earlier declared that the absconding co-accused, is being tried by an anti-terrorism court in Karachi for car bombing outside US Consulate in Karachi in June 2002.

The applicant challenged the trial court order on March 25 in which the court allowing prosecution plea for re-opening of prosecution side summoned two magistrates who had earlier recorded confessional statements of convicted activists of banned Harkatul Mujahideen Al-Alami.

The trial court, earlier on April 14 2003, convicted four activists of the banned organization Imran, Hanif, Sharib Arsalan Farooqui and Hafiz Zubair for killing 12 people and injuring 43 others in car bombing outside US Consulate in June 2002.

The appeals of convicts are pending in the Sindh High Court.

Arguing on application, applicant’s counsel Amir Mansoob Qureshi contended the trial court order be set aside and direction be given that confession is only evident against person who makes it in addition to his own self and this exception to general rule applies only when there are persons more then one in criminal case and when they are tried jointly in same offence.

He submitted that the names of the JMs were not transpired in supplementary charge-sheet and they could not be examined in case against present accused. He submitted that as per Article 43 of Qanoon Shahdat, statement of co-accused may not be taken into consideration against present applicant when they were never tried jointly.

SHC’s division bench, comprising Justice Rehmat Hussain Jaffery and Justice Ali Sain Dino Metlo, after preliminary hearing of application issued notice to AG Sindh for April 12.—PPI