KARACHI, May 20: The Sindh High Court called on Thursday for action against prosecutors who do not properly pursue their cases in trial courts and leave such lacunae in their briefs which compel the courts to acquit even the real culprits.
In a division bench judgment for acquittal of a drug case convict, Justice Rehmat Hussain Jaferi asked the provincial solicitor branch and other departments concerned to take particular note of discrepancies in prosecution cases that go in favour of the accused.
The judgment stressed the need for strict accountability of the prosecutors who do not take adequate interest in the trial of cases assigned to them. The judgment gave detailed reasons for acquittal by a short order of Sikandar Lathio, convicted and sentenced to two and a half years' rigorous imprisonment for possessing 1,950 grams of charas by a Thatta court under the Control of Narcotic Substances Act.
He challenged his conviction and sentence in the high court, which acquitted him as the prosecution failed to prove its case beyond a reasonable shadow of doubt. Justice Wahid Bux Brohi was the senior member of the appellate bench.
The judgment noted that it has been observed that prosecutors adduce and produce evidence in a mechanical manner. "All the efforts that go into collecting evidence at the stage of investigation go in vain if prosecutors fail to lead evidence in such a manner that deficiencies left by police are not overcome and objections raised by defence are not addressed," the judgment said.
The courts, it pointed out, are required to decide cases on evidence produced by the parties. If the requisite evidence is not placed before them for any reason, they have to record acquittal.
Adequate action against the negligent prosecutors would go a long way in ensuring a better rate of conviction and punishment of the real culprits promptly. This would ultimately improve the law and order situation in general, it added.
TRIAL QUESTION: Can a single trial of an accused booked in two different incidents by different police stations is permissible under the law? adds APP.
This legal question was posed by an Anti-Terrorism Appellate bench of High Court of Sindh, comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffrey, on Thursday while hearing two appeals filed by Kamran and Jamil-ur-Rahman, alleged activists of Laskar-i-Jhangvi who were convicted and sentenced to death by Anti-Terrorism Court at Karachi.
According to the prosecution on Sept 27, 1997, the accused/ appellants, accompanied by absconding accused Younus, Lal Mohammad, Tahir Hussain, Asif alias Choto and Roshan, came to Subhan Bakery and Shandar Bakery in a taxi snatched by them.
Two persons each went to Subhan Bakery and Shandar Bakery and opened fire. Asad Ali, owner of Subhan Bakery, died while Hamid Ali sustained injuries. Mohammad Hussain, owner of Shandar Bakery, also died due to firing. Nazimabad and Gulbahar police registered cases against unidentified assailants and later arrested the present appellants/accused.
The cases were sent up to Anti-Terrorism Court-V which held a single trial, convicted and sentenced the accused to death against which the instant appeals were filed. During the course of arguments, the counsel for appellants challenged the allegations as to the conspiracy and common intention.
The bench inquired from the AAG Sindh Habib Ahmed about the evidence regarding the conspiracy and common intention. AAG Habib Ahmed assured that he would secure relevant documents as required by the court.