KARACHI, July 19: The prosecution questioned on Wednesday the maintainability of an application for production of an under-trial prisoner before the high court for examination as a witness in a detention case of suspected gansgster Abdul Rehman Baloch alias Rehman Dakait.
“There is no provision in the law to prove custody of a detainee on the basis of evidence of an accused arrested in a criminal offence, who has made confessional statement before a judicial magistrate,” Inspector Sarwar Khan of Lyari Task Force submitted in his comments before the Sindh High Court.
An SHC division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Mohammad Afzal Soomro, was hearing a petition moved by Ms Zubeda, maternal aunt of Rehman, who alleged that her nephew was arrested from Quetta on June 18 by the law-enforcement agencies and he was still in the unlawful confinement of an agency.
Seeking production of under-trial prisoner Abdul Wajid, brother-in-law of Rehman, the petitioner's counsel, Omer Sial, submitted that Wajid was also arrested with the alleged detainee along with his two children from Quetta.
He maintained that Wajid was brought from Quetta to Karachi by road and was shown to have been arrested in a fake police encounter case the next day while Rehman was taken to Karachi by air and his whereabouts were still unknown.
Opposing the application, the police inspector submitted through a provincial law officer that Wajid’s production in the detention case shall hamper his trial in the encounter case being tried against him.
The defence strategy in the encounter case, the inspector contended, was to get accused Wajid to retract from his confessional statement before the SHC in order to spoil the prosecution case.
Deputy attorney-general Akhtar Ali Mehmood, meanwhile, requested time as he did not receive a copy of the petition.
The court, directing the federal law officer to file comments on the petition, adjourned further hearing to July 25.
ASIF’S PETITION: The Sindh High Court on Wednesday adjourned the hearing of an application filed by Asif Ali Zardari, for transfer of Murtaza Bhutto murder trial from the court of district and session judge east to another court, adds PPI.
The adjournment came on a request from Asif's counsel Azizullah K Sheikh as he is out of city. SHC's single bench, comprising Justice Ghulam Rabbani, granting the request, adjourned the hearing for July 24.
Asif is named as one of the co-accused who are charged with killing Murtaza Bhutto, brother of Benazir Bhutto and Chairman of Pakistan People Party (SB) with seven others, including his close aide Ashiq Jatoi, on Sept 20, 1996, near his residence in Clifton when they were coming after attending a party meeting from Surjani Town.