Lack of evidence: Two men charged under PoPA acquitted

Prosecution fails to establish their role with the charges

LAHORE: Two cases registered in Punjab under the Protection of Pakistan Act were finally decided by Lahore anti-terrorism courts (ATCs) on Thursday with both suspects absolved of all charges over lack of evidence.

The Punjab police’s counter-terrorism department (CTD) had registered as many as 200 cases under PoPA but charge-sheets of only 14 such cases were presented in courts. After the two-year-period of PoPA courts lapsed on July 15 without decision on a single case, these cases were transferred to the ATCs, where another 12 such cases are pending.

The act was promulgated in July 2014 and special courts were set up under the law. The tribunals, however, remained non-functional for several months because of a lack of staff and other facilities.

On Thursday, the suspects were exonerated by two separate courts, pointing out many defects in the investigation process.  The courts ruled these defects were sufficient to cast doubts on the prosecution’s case that failed to prove the charges beyond any shadow of doubt.



The acquitted men were charged with distributing pamphlets of the banned Hizbut Tehrir and spreading hate against the state and its armed forces. Dr Iftikhar alias Javed was arrested by the CTD personnel in June 2015 while the other suspect Muhammad Daniyal was arrested on May 1 last year. The CTD registered FIRs against them under charges of 120-B, 124-A, 131 of PPC, 11-F(2)(6), 11-W of Anti Terrorism Act of 1997 and Section 16 of PoPA.

In Daniyal’s case, ATC-III Lahore Judge Aaqib Nazir remarked the objectionable pamphlets attributed to the suspect were never sealed, leading to doubts over their authenticity. The manner of investigation in this case was also termed doubtful.

The case investigation officer, Inspector Shaukat Ali, submitted that on May 1, 2015, the day Daniyal was arrested, he was present at the ATC where he stayed till 12:30pm.

The officer could not explain the reason of him being at the ATC despite the fact that May 1 was a gazetted holiday.

Inspector Shaukat also submitted that even he had not gone through the FIR complaint and the recovery memorandum. He said he appeared four times before the Joint Investigation Team but the in-charge, DSP Shahzada Saleem, stated only two such meetings took place. He could also not give the date of the second meeting.

The judge ruled the prosecution was unable to prove Daniyal was distributing the pamphlets and had also failed to prove any connection of the suspect with the proscribed organisation.

Justice Aaqib said the man should have been proved to have glorified Hizbut Tahrir. He added the pamphlets contained general words regarding the attitude of the government and the army like those commonly used in the media.

The prosecution, the judge ruled, failed to satisfy the court that if such words were used in the media, then why was Daniyal singled out and prosecuted without initiating any proceedings against the media.

Published in The Express Tribune, October 14^th, 2016.