KARACHI: A sessions court on Wednesday acquitted a suspected gangster in five identical police encounter cases for want of evidence.

Nisar Ahmed, alias Mullah Nisar, had filed five applications under Section 265-K of the Criminal Procedure Code (CrPC) through his counsel, Abid Zaman and Osama Ali Gujjar, before the court, seeking acquittal in the decade-old cases.

Additional District and Sessions Judge (South) Abdul Hafeez Lashari, who heard the acquittal applications in the judicial complex inside the central prison, ruled that the prosecution had failed to prove charges against Mullah Nisar.

The court also directed jail authorities to release him if he was not required in any other case.

However, Advocate Osama told Dawn that his client will remain confined in prison as four other cases are still pending before the sessions court and approximately nine cases before the anti-terrorism court, in which he is still required.

Defence lawyer says accused will remain in jail as he is facing trial in 13 other cases

He further added that the court had allowed their five applications under Section 265-K in five identical FIRs against his client at the Kalakot police station on charges of assaulting the police and attempting murder with common intention.

Meanwhile, in one of the encounter cases, the court also acquitted co-accused Siraj Meer, said to be the brother of Nisar, who had appeared before the court on bail.

During the arguments, the counsel contended that in these cases, in which his clients were implicated, the co-accused had already been acquitted earlier.

Advocate Osama also contended that none of the FIRs assigned any specific role to his clients. He added that the prosecution alleged heavy firing took place during the encounters; however, the counsel argued that despite such intense firing, no property was damaged, nor did any policeman sustain injuries.

The counsel pointed out that there was no likelihood of conviction in these cases, arguing that the proceedings before the court served no purpose other than wasting the court’s time.

He argued that the prosecution, as well as the complainant in the cases, had failed to provide any cogent evidence to support their claims.

There is no evidence available on record to link the applicant to the commission of the alleged offences, the counsel said, adding that in this scenario, the applicant is liable to be acquitted in these cases.

Published in Dawn, January 16th, 2025