PESHAWAR, Aug 28: Additional district and sessions judge, Ahmad Sultan Tareen, on Saturday dismissed bail application of three police officers including an SHO accused of killing a student in a fake police encounter.

The court ruled that it was an established fact that the boy was killed by the police party and the three accused - SHO Abdul Malik Khan, and ASIs Zar Wali and Khaista Gul - were not entitled to be released on bail.

The judge observed that the police could not prove that the boy was an anti-social element.

In the same case, the court granted bail to two constables namely Shehanshah and Zahir Shah on condition of furnishing two sureties of Rs1,00,000 each. The judge ruled that these two were low -rank officials and they could not start firing on their own.

The five officials were arrested on July 28 after their pre- arrest bail applications were rejected by the same court.

The court observed that a judicial inquiry conducted after the occurrence by the then district and sessions judge Ziauddin Khattak had also pointed out that the killed boy was not a robber and in fact he was a student. The occurrence had taken place on May 15, 2002.

The FIR was registered at Banamari police station against the five officials on the order of the Peshawar High Court. The court on May 11 had accepted a writ petition filed by Misal Khan, father of the deceased boy Kashmir Khan who was a student of 9th class. The accused were booked under section 302 of Pakistan Penal Code.

Advocate Malik Haroon Iqbal appeared for the complainant Misal Khan and contended that the accused-police officers were directly charged in the case. He argued that the judicial inquiry conducted by the then district and sessions judge Ziauddin Khattak had also proved the involvement of these officials in the murder of Kashmir Khan.

The five officials were serving at the concerned police station Bana Mari at the time of the occurrence. The complainant had stated that the police had killed his son and had given it an impression of an encounter. Moreover, the police claimed that the deceased was a known anti-social element Qaseem Wardak, but their claim proved wrong later on.

Two days later, father of the deceased spoke at a press conference in which he disclosed that the killed person was not Qasim Wardak but Kashmir Khan.