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KARACHI, Nov 4: A division bench of the Sindh High Court allowed the appeal of a convict in an explosion case, set aside his 14-year jail term on two counts and ordered his release if not required in any other case.
Sheikh Mohammad Ahmed alias Danyal, alleged to be an activist of Lashkar-i-Jhangvi and Harkatul Mujahideen, was tried by an anti-terrorism court for causing an explosion at the Ismaili Jamaat Khana in Metroville on Dec 13, 2001, when the Ismaili community was celebrating a festival. Four people were hurt in the blast while several others were injured in the stampede that followed.
He was arrested on July 14, 2002, by the Peerabad police, in whose jurisdiction the incident occurred. The accused was convicted to two seven-year terms of rigorous imprisonment by the trial court.
Arguing his appeal, Advocate Abdul Waheed Katpar said the appellant was identified only by one of the three eyewitnesses at a parade held 25 days after his arrest. The second eyewitness turned hostile while the third prosecution witness was neither present at the identification parade nor examined. The trial court relied on the evidence of only one eyewitness, he argued.
Assistant Advocate-General Habib Ahmed contested the appeal and requested the court to uphold the judgment of the trial court. He said there was sufficient evidence to connect the appellant with the commission of the offence.
A division bench, comprising Justices Wahid Bux Brohi and Rehmat Hussain Jafri, allowed the appeal and set aside the conviction and sentence by a short order and for detailed reasons to be recorded later.
HEARING PUT OFF: The Sindh High Court adjourned on Thursday hearing of a bail petition moved by an accused in the KIA-Ceres case instituted by the National Accountability Bureau.
Noor Qadir Tawakkal, son of Abdul Qadir Tawakkal, submitted through Advocate Ashtar Ausaf Ali that he had nothing to do with the scam.
He is alleged to have induced, on behalf of the Tawakkal group, prospective buyers of KIA cars and Ceres trucks to deposit instalments. The depositors were not given the vehicles as promised and a huge amount deposited by the purchasers remained stuck up. Neither instalments have been refunded nor vehicles supplied.
The petitioner said he was a student at the time the deposits were allegedly solicited. He had no shares in the group then and had no link with the alleged offence. He has remained behind bars for one year and was entitled to the grant of bail by the high court in exercise of its constitutional jurisdiction.
NAB deputy prosecutor-general Shaukat Hussain Zubedi informed the division bench seized of the petition that Advocate Raja Qureshi had been appointed special prosecutor in the case and he would be contesting the petition on behalf of the NAB. The bench, which consisted of Justices Sarmad Jalal Osmany and Amir Hani Muslim, adjourned the hearing to Nov 11.
