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KARACHI, Sept 6: The Sindh High Court on Monday issued non- bailable warrants for the arrest of a customs deputy collector and two others in the murder case of his subordinate.
According to an FIR lodged by a State Bank officer, Mohammad Ahmed Khan, with the Jackson police station, his brother-in-law, Customs Superintendent Mohammad Saleem Farooqui, went to Deputy Collector Raja Farhat Iqbal's residence on his invitation on the evening of April 26, 2001. He did not return home and his body was found in a jeep in the Defence police station area the next day.
Raja Farhat, his driver Abu Bakar (a sepoy), and Senior Customs Officer Raja Yousuf Habib were booked for the murder. They absconded and were arrested in Chakwal earlier this year.
The trial additional session court, after examining 16 prosecution witnesses, held that the only fact that stood proved was that the murder victim died an unnatural death. The rest of the prosecution story was not borne out by the material placed before him, he ruled and acquitted all three accused.
Appearing for the complainant against the acquittal order, Barrister Azizullah Shaikh and Advocate Shaista Shamim submitted that there was strong circumstantial evidence against the accused.
According to driver Abu Bakar's testimony, the victim was invited by Raja Farhat to a prawn party. He (the driver) heard the sound of a pistol being fired while sitting downstairs at the end of the party.
Only Raja Farhat and Saleem Farooqui were present in the former's apartment at the time of firing. The statements made by co-accused Abu Bakar and Raja Yousuf, the lawyers argued, belied Raja Farhat's claim that no untoward incident occurred at the dinner.
They maintained that the trial judge even ignored the tell-tale evidence of bloodstains, projectile marks, a bullet hole in a curtain, shoes of the victim and the recovery of pistols from the apartment.
Raja Farhat was unable to explain the condition of his apartment and the presence of his victim's shoes in his living quarters. Justice Azizullah M. Memon admitted the appeal against the sessions court's acquittal order and issued non-bailable warrants for the arrest of the accused.
CASE QUASHED: The Federal Shariat Court allowed an appeal by former deputy inspector-general of police Iftikhar Ahmed Essani against the issuance of warrants for his arrest in a criminal case.
Appearing for the ex-DIG, Advocate Farid A. Dayo submitted that he was sought to be falsely implicated in the case. Barkat Essani, who had filed a private complaint of criminal trespass and robbery against 17 people under the Offences against Property (Enforcement of Hudood) Ordinance, wanted to involve him in the offence.
There was no specific allegation against the ex-DIG either in the complaint or in the complainant's statement before the Shikarpur sessions court trying the case. Yet the trial court issued bailable warrants for the arrest of the petitioner.
The FSC bench comprising Justices Saeedur Rehman Farrukh and S. A. Rabbani agreed that there was not a word of evidence incriminating the petitioner in the offence. Allowing the petition, the bench set aside the trial court's order to summon the ex-DIG.
BAIL DENIED: Justice M. Afzal Soomro of the Sindh High Court dismissed a bail application of an alleged Indian 'agent' in an explosives case. Accused Hussaini is alleged to have been in possession of a 'bomb making guide' and certain chemicals.
He is also alleged to have links with Indian officials. The Risala police arrested him at Pan Mandi, Nanakwada, on July 10, on a tip-off. Appearing for the applicant, Advocate Raja Qureshi submitted that the accused was small betel leaves trader and had been arrested only because he declined to pay illegal gratification to the area police.
The chemical and written material had been foisted on him. The bomb-making manual allegedly seized from him could easily be downloaded from a number of websites. There was no evidence of his links with Indian officials. Justice Afzar Soomro held that the alleged offence was punishable with 14 years RI.
