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KARACHI, Dec 2: An anti-terrorism court acquitted on Thursday a man in a case pertaining to distribution of objectionable pamphlets as the prosecution failed to bring any incriminating evidence against the defendant , who the police claimed, was a member of the proscribed Hizbul Tehreer.
Judge Arshad Noor Khan of the ATC-3 exonerated Syed Suleman Hasan from all charges as investigation officer could neither collect evidence of any independent person, nor he could bring on record any proof justifying that the defendant was a member or supporter of a proscribed organization.
The prosecution examined a total of five prosecution witnesses, all police officials, who too gave contradictory statements. The defendant was represented by Ashfaq Rafique Janjua.
According to prosecution, a police party arrested Syed Suleman Hasan on Oct 10 around 5:40am in front of Rahmania Masjid in Liaquatabad while distributing objectionable pamphlets.
The SHO of Supermarket and an SI, who appeared as first prosecution witnesses, were the members of the police party which had allegedly arrested the accused. The SHO deposed that he had received information about presence of the accused on his cellular phone from one of his special informers.
He said he along with a police patrol reached the spot where the accused was distributing pamphlets among passers-by. The SHO stated that he immediately brought the accused to the police station as there was a law and order situation on the spot owing to presence of a large number of people.
The sub-inspector, however, stated that he was the mobile officer, patrolling the area with the SHO and other policemen. He said a passer-by informed the police patrol about the presence of the accused near Rahmania Masjid.
He said the accused was not distributing pamphlets but he was standing all alone with no one passing by. He, however, stated that the accused was carrying a shopping bag in his hand.
Besides, the defendant also disputed the police claims regarding the time, date and place of his arrest. He stated that he was not arrested on Oct 17, but on Oct 15. He also produced three defence witnesses -- his father, maternal uncle and his neighbour, who was an additional district and sessions judge.
The sessions judge deposed that on Oct 16 parents of the defendant informed him of the detention of their son at Supermarket police station and they sought his assistance for his release.
The judge observed that the evidence adduced by the prosecution very clearly showed that no independent evidence was available on record to prove that the accused had distributed any objectionable pamphlets among the faithful or passers by.
The court was of the view that it was a simple allegation of the police officials that the accused was distributing pamphlets and that the allegation must have been supported and corroborated through an independent evidence, "which is miserably lacking in the present case".
The judge also exonerated the defendant from the charge of being a member of a proscribed organization as the notification for the proscription of Palestine-based Hizbul Tehreer was found defective.
MASJID RAZA CASE: An anti-terrorism court put off hearing of Masjid Ali Raza bomb blast against a worker of the banned Lashkar-i-Jhangvi after recording the evidence of two prosecution witnesses.
Judge Haq Nawaz Baloch of the ATC-5 fixed Dec 6 for the next hearing after special public prosecutor Mazhar Qayyum examined Syed Mujahid Hussain Naqvi and Syed Iqbal Hussain Naqvi, who had seen accused Gul Hasan hugging the suicide bomber seconds before the blast.
As many as 25 faithful had been killed and 37 others injured on May 31 this year when a suicide bomber blew himself inside the Masjid Ali Raza, located at the Old Numaish within the limits of the Brigade police.
Accused Gul Hasan, arrested on June 13, is stated to have been the mastermind of bomb blasts at Haideri Mosque and Imambargah Ali Raza. He is alleged to have planned the attacks with absconding accused that included Asif Chutto and Mufti Obaid.
The two prosecution witnesses stated that they had gone to Harmain Travel Agency, situated in front of the mosque. They said they were standing outside the agency when they saw the accused and suicide bomber, who was carrying a black bag.
The judge reserved the cross-examination of the prosecution witnesses by defence counsel Mushtaq Ahmed till the next hearing as the court rose for the day. The same court put off the hearing of the Haideri mosque bomb blast case against Gul Hasan till Dec 7.
As many as 26 people were killed and 98 others injured on May 7 when a suicide bomber blew himself inside the Haideri mosque on the premises of the Sindh Madressatul Islam.
MUTTAHIDA MAN ACQUITTED: The additional district and sessions judge, Siraj Uddin Qureshi, acquitted a worker of the Muttahida Qaumi Movement in a bike snatching case.
The judge exonerated Marghoob Alam alias Munna from the charge for want of incriminating evidence. The Muttahida man was prosecuted for depriving complainant Imtiaz Ullah Khan of his bike on Aug 3, 1998, within the limits of Pakistan Bazaar police.
