PESHAWAR, Dec 20: The Peshawar High Court on Tuesday upheld a lower court’s decision to acquit the accused in the Tehrik-i-Nifaz-i-Fiqah-i-Jafria (TNFJ) chief Allama Arif Al Hussaini murder case by dismissing the state’s plea.

A bench comprising Chief Justice Dost Mohammad Khan and Justice Mian Fasihul Mulk pronounced a short order after completion of arguments by both the parties. Hearing into the plea continued for around 15 years with six of the 10 accused in the case no more alive.

Barrister Zahoorul Haq, Khwaja Mohammad Gara and Ishtiaq Ibrahim appeared for the accused, while Barrister Waqar represented the provincial government.

Mr Al Hussaini was gunned down at Madrassa Maraful Islami on August 5, 1988. And former senator Hashim Khan, Captain (r) Majid Raza Gillani, Ghalib Raza Gillani, Badiuz Zaman, Ghulam Hussain, Sajid alias Major, Ramzan, Sher Gul, Jamilullah and Faqir Gul were named for the killing.

District and sessions judge of Peshawar Fazlur Rehman Khan had conducted the trial inside the central prison before acquitting the accused on July 31, 1993.

Among the accused, only Hashim Khan, Badiuz Zaman, Sajid and Ghulam Hussain are alive. Former military governor of then NWFP Lieutenant General (r) Fazle Haq was named for the killing but he, too, was gunned down in 1991.

There were 56 prosecution witnesses in the case. An alleged accomplice of the accused, Siraj, had become an approver in the case claiming that a captain of the Pakistan Army, Majid Gillani, Hashim Khan and late Lt-Gen (r) Fazle Haq had hired the killers of the TNFJ chief.

Barrister Waqar read out the statement recorded by approver Siraj and the confessional statements of Badiuz Zaman and Sher Gul. The approver had also said Captain Gillani had paid him money in the US dollars, which he returned asking to pay the same in Pakistani currency.

The bench put various questions to him observing that Mr Al Hussaini killed in 1988, while the statements were recorded in 1992 but still the memories of these people were so sharp that they recorded minute details of the events before the killing. — Bureau Report