KARACHI, Aug 25: Judge Arshad Noor Khan of ATC-3 acquitted on Wednesday an activist of the Hizbul Tehreer in the pamphlets case. Dr Ismail Shaikh, the London-born dental surgeon, was arrested and booked for distributing pamphlets, containing material against Pakistan, US policies and Jews, in front of a mosque in Clifton.
According to prosecution, the 30-year-old dentist was the member of a Palestine-based organization, Hizbul Tehreer. He was arrested while distributing pamphlets in front of Moti Masjid after Isha prayers on July 3.
Dr Shaikh was exonerated from the charges as the prosecution, which examined five witnesses, all policemen, failed to prove its case. According to the doctor, he was arrested on July 2 after Juma prayers and was implicated in the case by the police to appease America.
The judge observed that the evidence adduced by the prosecution very clearly showed that no independent evidence was available on record to prove that the accused had distributed any objectionable pamphlets among passers-by.
"It is simply an allegation of police officials that the accused was distributing the pamphlets," the judge remarked. He observed that the allegation must have been supported and corroborated through the independent evidence, "which is miserably lacking in the present case".
As for the contents of the pamphlets, the judge referred to the submissions of special public prosecutor Naimat Ali Randhawa to the effect that the pamphlets brought on the record did not contain any objectionable material against the government, though they bore criticism on the government.
"The material, literature and pamphlets which contain criticism against the government or the views against government policies, in my humble opinion, could not be termed objectionable," the judge observed.
The judge also exonerated the doctor from the charge of being a member of Hizbul Tehreer as the notification for the proscription of Palestine-based Hizbul Tehreer was found defective.
The judge observed that the notification was completely silent regarding any reasons which led to the proscription of the Hizbul Tehreer. The doctor had recently come from London and was residing in Nazimabad.
He first came here in 1999 and married to his cousin. Later, he divorced his wife in 2002 and left for London. He solemnised his second marriage in London and returned here a few months ago.
DOCTORS CASE: An anti-terrorism court adjourned the hearing of trial against Dr Akmal Waheed and Dr Arshad Waheed, who are facing charges for sheltering Al Qaeda and Jundullah activists, providing them funds and medical treatment, adds PPI.
Judge Feroz Mehmood Bhatti initiated proceedings in Central Jail Karachi on Wednesday following the issuance of jail trial notification by Home Department stating that the case be tried in central jail.