LAHORE, Jan 6: An incomplete challan is likely to be filed before an anti-terrorism court on Tuesday against Dr Ahmad Javed Khwaja and Ahmad Naveed Khwaja.

Sources told Dawnon Monday that the decision to file an incomplete challan had been made to save the prosecution from the allegations of delaying the filing of the challan. The court had given the Jan 7 deadline to the prosecution for filing the complete challan.

As mentioned in the incomplete challan, the report of the Federal Investigating Agency on 15 CDs and floppies allegedly recovered from the house of Ahmad Javed Khwaja and containing suspicious correspondence was still awaited.

Forensic expert’s report to show as to whether the empties collected allegedly outside the residence of Dr Ahmad Khwaja were that of those bullets fired from a 30-bore pistol and a kalashanikov of the two accused had not yet been received by the prosecution.

As disclosed by the sources, these two documents would be used to substantiate the allegations of opening indiscriminate fire on police and supporting a terrorist organization levelled against the accused in the FIR.

The challan had been signed by the chief prosecutor of the Punjab ATCs, Asghar Ali Gill, and forwarded to prosecutor Rana Bukhtiar for its submission before the court.

The investigation officer had been directed by the chief prosecutor to file the remaining two documents within seven days.

“The incomplete challan is being filed to initiate a speedy trial of the accused and to enable the court to proceed further” Gill claimed.

The allegations against the two accused had been levelled under sections 324 PPC (indiscriminate firing on police officials), 353 PPC (attacking a state official), 186 PPC (interfering in the duty of a state official), Section 13 of the Pakistan Arms Ordinance (possession of illegal arms), sections 7 and 11 (v) of the Anti-Terrorism Act 1997 (conspiring against the sovereignty of the state).

There was no independent witness cited in the challan. Rather 10 police officials, including the Manawan SHO, four ASIs, two head constables, two constables and the investigation officer of the case, had been cited as the total prosecution witnesses. According to the statement of the investigation officer, the evidence currently available with the prosecution was sufficient enough for the trial of the two accused under the charges levelled in the challan.

It was also learnt that the prosecution was likely to move again an application before the court, requesting it to exempt the two accused from personal appearance before the court since they had been detained under the Security of Pakistan Act 1952 and their production could create security problems. They had not been produced before the court on the last hearing on the same grounds.

The court would also take up the application of Dr Khwaja’s family on Tuesday, accusing the Kot Lakpat Jail superintendent and the Chuhng investigation cell incharge of committing a contempt of court by not allowing them to meet the accused despite repeated orders of the court.