KARACHI: The Sindh High Court on Wednesday acquitted Muttahida Qaumi Movement (MQM) worker Obaid, alias K2, in a 27-year-old case pertaining to the murder of a Rangers sepoy in Liaquatabad in July 1998.
The accused had moved the SHC against his conviction and life imprisonment handed down by an anti-terrorism court (ATC) in 2024.
After hearing the both sides, a two-judge bench, headed by Justice Omar Sial, allowed the appeal against the impugned verdict and acquitted the accused.
“We are of the opinion that prosecution failed to prove its case against Obaid K2. The benefit of such doubt must go to the accused. He is therefore acquitted of the charge. He may be released if not required in any other case,” the court ruled.
Bench sets aside life term of Obaid K2
Referring to the ATC verdict, the bench noted that the trial court concluded that the only evidence against the accused was that he had confessed his guilt in front of the investigating officer.
It stated: “The trial court, however, relying on Article 47 of the Qanun-e-Shahadat Order 1984, convicted the accused based on the testimonies and documents produced by the prosecution in the trial in which Obaid was sentenced in absentia. These witnesses had subsequently died or were unable to appear to testify. In our opinion, an error crept into the judgment at this stage.
“Section 19 (10) of the Anti-Terrorism Act, 1997 provides that an accused can be tried in his absence if the anti-terrorism court, after such inquiry as it deems fit, is satisfied that such absence is deliberate and brought about with a view to impeding the course of justice. We have not delved deeper into this aspect, as on 17.01.2023, the learned trial court accepted that Obaid’s trial in absentia had violated his right to a fair trial and ordered that he be tried again,” the verdict stated.
“A judge cannot be swayed by his own personal biases, prejudices and experiences when deciding cases. Judgments cannot be based on perceptions unless the law warrants those perceptions. The constitution guarantees every citizen certain rights and these rights cannot be taken away from any citizen. K2 is also entitled to the same treatment, unless parliament says he is not. The parliament, to date, has not said that. We conclude that due process was not followed in K2’s trial,” the judges wrote in the verdict.
“This boy Obaid, more commonly known as Obaid K2, for reasons best known to him, has had 10 cases against him. He has been acquitted in 7 cases and in none has the state or any other person filed appeals,” it said, adding: “In this particular case, as it seems in seven other cases the prosecution has failed to prove its case beyond reasonable doubt. Matters for the prosecution in this case were further aggravated because of the two-decade interim period between the incident and trial. State prosecutors were perhaps not aware at the stage of trial about how the case was to be handled in its particular situation. This lapse on part of the state has worked to K2’s advantage.”
On March 11, 2015, Obaid K2, along with many others, was arrested during an early morning raid by Rangers personnel in and around then unified MQM’s Nine Zero headquarters.
The verdict stated that Obaid was convicted in 2002 in absentia, despite the fact that he was confined in prison in other cases when the judgement was announced on May 15, 2002.
In 2023, the ATC had set aside the verdict to the extent of Obaid’s conviction in absentia and ordered that he be tried afresh in accordance with the law, it added.
According to the prosecution, on July 2, 1998, complainant Noor Nawab of Sachal Rangers, along with his subordinate staff, was busy patrolling and conducting checks. When they reached near Hashmia Imambargah in Liaquatabad, Nadir Shah, Obaid K2 and their accomplices, chanted slogans against the Rangers personnel and started firing with automatic weapons before escaping from the scene. During the firing, sepoy driver Dildar succumbed to his injuries, while hawaldar Mumtaz was wounded.
Published in Dawn, October 23rd, 2025
