KARACHI, March 8: The Sindh High Court on Monday allowed an appeal filed by three activists of the Muttahida Qaumi Movement against their conviction in Zuhair Akram Nadeem assassination case and set aside the death sentence awarded to them by the trial court.
MQM activists Dilawar Khan alias Khan Sahab, Aslam Ali and Muhammad Jehangir alias Kancha were sentenced to death on January 20, 2003 by an anti-terrorism court on the charge of killing Zuhair Akram Nadeem, a former MNA of the PML-N, in Orangi Town in July 1998.
The SHC's division bench comprising Justice Ghulam Nabi Soomro and Justice Muhammad Mujeebullah Siddiqui, which reserved judgment on Feb 18, 2004, announced the verdict.
The court observed that the prosecution failed to prove the case against the appellants and they were entitled to be acquitted. "We are of considered opinion that prosecution failed to bring home the guilt to appellants and consequently they are entitled to be acquitted.
"The impugned conviction and sentence are, therefore, set aside and appellants may be released forthwith if not involved in other cases."
While terming the confessional statement of the appellants illegal, the court also turned down the excuse of the prosecution witnesses who deposed after six months of the incident while giving reason that the imposition of Governor's Rule encouraged them to depose against the appellants.
"We are of opinion that there is no reasonable excuse on part of PWs, Naimuddin Qureshi and Liaquat Samoo particularly when Governor Rule in province was imposed on 30.10.1998 and they appeared before court on 5.12.1998.
In addition to unexplained delay, the testimony of these witnesses is fraught with contradictions. Consequently, no reliance can be placed on the un-corroborated testimony of these witnesses," court observed.
Advocate Azizullah K. Sheikh appeared for the appellants and Assistant Advocate-General Habib Ahmed represented the State.
LJ ACTIVIST: Justice Shabbir Ahmed of the Sindh High Court, who is also the administrative judge of the anti-terrorism courts, on Monday acquitted Sajid Jabbar, an activist of the banned Lashkar-i-Jhangvi, in the parcel bomb cases for lack of evidence against him, adds PPI.
He was booked under the explosives law in the Boating Basin and Artillery Maidan police stations with Mohammad Athar alias Khalid Memon. The investigation officer produced a 497-A report before the judge and submitted that the evidence against the accused was not found nor witnesses identified him in the identification parade.
The judge accepting the police report acquitted Sajid Jabbar and ordered the investigation officer to submit a charge-sheet against Mohammad Athar on the next date of hearing, March 15. - PPI