KARACHI: The Sindh High Court on Wednesday issued a notice to the prosecutor general of Sindh on an appeal filed against the acquittal of former Malir SSP Rao Anwar and his subordinates in a case pertaining to the killing of Naqeebullah Mehsud and three others in an alleged staged encounter.

A two-judge bench headed by Justice Naimatullah Phulpoto asked the prosecutor general to file comments after four weeks.

The bench in its order said: “Exemption is granted subject to all just exceptions. Let in the first instance, notice be issued to the prosecutor general Sindh for a date after four weeks.”

On Jan 23 an anti-terrorism court exonerated the then SSP and 17 members of his team by extending them the benefit of the doubt.

Rao Anwar along with his around two dozen subordinates was tried for killing Naseemullah, better known as Naqeebullah Mehsud, and three others in an encounter in January 2018 in a Malir locality and dubbing them militants.

As the state has opted not to impugn the acquittal order, Alam Sher, a brother of Naqeeb, filed an appeal in the SHC against the ATC’s judgement a couple of days ago.

The appellant contended that besides factual oversight and misreading of evidence in the impugned judgement, there were legal incurable defects and plaguing procedure adopted during the trial which rendered the judgment and entire trial to be a nullity in the eyes of the law.

The counsel for the appellant argued that the trial court had erred in law by passing a consolidated judgement in three cases, as besides the main case the accused police officers were also booked in two other cases for foisting recovery of explosives and illicit weapons upon the victims.

He also questioned the ATC for discarding crucial evidence, including call data record, geo-fencing and CD containing press conference of the accused persons on the premises.

The lawyer further contended that the charge of abduction was also discharged against the accused on the ground that no independent witness from the place of abduction was made a witness.

Published in Dawn, February 23th, 2023