Rangers killing: ATC dismiss Ranger's plea for 'case property' return

Assistant Judge Advocate General of the Rangers contended articles had not been listed as case property.

KARACHI: Anti-Terrorism Court-I (ATC) Karachi on Monday dismissed an application submitted by Pakistan Rangers, Sindh, seeking return of six official sub-machine guns and a mobile van seized by police as case property in Sarfaraz Shah's murder case.

Seven accused Sub-Inspector Bah-ur-Rehman, Lance Naik Liaquat Ali, constables Mohammad Tariq, Manthar Ali, Shahid Zafar and Mohammad Afzal and private contractor Afsar Khan are charged with the murder of 22-year-old Sarfaraz on June 8, 2011.

Major Ashfaque Ahmed, Assistant Judge Advocate General of Pakistan Rangers, Sindh, on July 9, 2011 moved an application US 516-A CrPC submitting Boat Basin police had seized six officials SMG guns & mobile van which were under the use of the paramilitary force's squad now facing trial.

He contended the Investigation Officer (IO) had not listed these articles as case property. He stated Rangers were facing acute shortage of logistics, transportation due to deteriorating law & order situation in city. He contended official guns and van were expensive articles that may be damaged and prayed to direct the police to release them to Rangers, who will produce them in court whenever needed.

Special Public Prosecution Muhammad Hussain Buriro opposed the plea, contending IO had listed subject articles as case property which could not be released. Secondly, he stated the case was proceeding on a day to day basis on directives of the Supreme Court of Pakistan and the case will possibly be decided within 30 days; therefore, there was no question of the articles being damaged.

Judge Bashir Khoso dismissed the application, adjourning the hearing till July 12, 2011. He also dismissed another application moved by the defense counsel Shaukat Hayat, who alleged SPP Buriro was deliberately not submitting the joint investigation team (JIT) report in court, formed by the Sindh Government.

Advocate Hayat stated IO DIG Sultan Khwaja had handed over the JIT report to the prosecutor, but didn't place it on record. SPP Buriro denied the allegation, while prosecution witness SI Abdul Haleem Kolachi recorded his statement partially.

Earlier on Saturday, Rangers had filed a request in the ATC asking that police return weapons being kept as evidence in the Sarfaraz Shah murder case.

The ATC had issued a notice to the prosecutor stating that a case must be made in court on July 11 to withhold evidence.