KARACHI, March 13: The trial of the corps commander attack case against 11 workers of the banned Jundullah has come to a halt due to incessant absence of defence attorneys.
On Saturday, Judge Feroze Mehmood Bhatti of the Anti-terrorism Court No 2, who is conducting trial inside Central Prison, had to put off hearing for at least 12th times as a majority of the defence counsel did not turn up.
Only two defence counsel — M. R. Syed and Mushtaq Ali – and special public prosecutors – Iqtidar Ali Hashmi and Maula Bux Bhatti - were present in the court.
The case has not proceeded any further since Sept 23 last when the judge formally indicted Ataur Rehman alias Ibrahim, Shahzad Ahmed Bajwah, Yaqoob Saeed, Uzair Ahmed, Shoiab Siddiqui, Danish Inam, Najeebullah, Khurrum Saifullah, Shahzad Mukhtar and Khalid Rao for a series of offences, including attack on the motorcade of Lt-Gen Ahsan Saleem Hayat, on June 10 on old Clifton bridge, which resulted in the death of six army personnel, three policemen and a passerby.
Under the law, the court cannot proceed with the case unless each and every defendant is represented by an attorney as the offences involved capital punishment.
The Jundullah men were charged with the offences under Sections 302, 324, 404 and 34 of PPC, Section 7 of the Anti-terrorist Act, 1997, and Section 3, 4 and 5 of the Explosive Act. Adnan Shah alias Tipu, Mohammed Qasim, Maaz, Shahab, Bilal, Tayyeb, Hammad and Fasih have been declared absconders.
The prosecution has cited as many as 60 prosecution witnesses in the case. “We did bring our witnesses in the court, but they could not be examined in the absence of any of the defence counsel, the special public prosecutor said.
He said Nihal Hashmi, counsel for Shahzad Bajwah, and Ghulam Mustafa Memon, counsel for Ata ur Rehman, have withdrawn their power to defend their respective clients.
PRISONERS’ VAN ATTACK CASE: Judge Aley Maqbool Rizvi of the ATC-1 adjourned the hearing of the prisoners’ van attack case against five activists of the banned Sipaha-i-Sahaba Pakistan as the defence attorneys did not turn up.
The judge, who is conducting the trial inside the Central Prison, fixed March 26 for the next hearing.
Mohammad Faisal, Sabir Ali Waseem, Mazharul Hassan, Muzamil and Malik Tassduq are being prosecuted for attacking a prisoners’ van near Bohra Pir in Nabi Bux police area on Feb 28, 2002. The van was carrying some sectarian activists and the accused allegedly attacked it for their release.
According to prosecution, the accused along with absconding co-accused Zubair Chisti, Asif Ramzi, Attaur Rehman, Zulfiqar, Abdul Qadir Baloch and Qari Asad attacked a prisoner van to get their associates Dilawar alias Dildar, Tariq Shah, Waseem, and Shahzad Bux released.
A police constable and a passerby were killed while as many as 8 persons were injured in this attack.
HIZB ACTIVISTS CASE: An Anti-Terrorism Court in Karachi on Saturday adjourned the hearing of a trial against two activists of the banned Hizbul Tehrir, facing charges of carrying out party activities despite a ban, after recording statement of two prosecution witnesses, adds PPI.
Dr Ismail Sheikh and Asimuddin are accused of continuing their party activities despite a ban and inciting people against government and friendly countries through speeches.
The witness Mohammad Ishaq, a Moazan of Lal mosque, stated that accused were arrested outside the mosque after Friday prayers by police and they were saying “Allah-o-Akbar.”
Another witness was police inspector Shafiq Papa, who had arrested the accused outside the mosque.
Police arrested Hizb activists from Paposhnagar on Oct 29, 2004, as they announced to hold demonstration to denounce US-led allied forces invasion of Iraq. The police, however, foiled their attempt to stage demonstration.
ATC Judge Arshad Noor Khan after deposition by witnesses fixed March 14 for the next hearing. Special Public Prosecutor Naimat Ali Randhawa represented the state.