Imran Farooq case: Govt, FIA put on notice on suspect’s bail plea

Suspect’s counsel says FIA lacks documents to prove the murder

ISLAMABAD: The Islamabad High Court (IHC) on Monday issued notices to the government and the Federal Investigation Agency (FIA) on a bail plea of a suspect detained in connection with the Imran Farooq murder case.

A division bench comprising Justice Noorul Haq Qureshi and Justice Athar Minallah issued notices to the respondents for May 17 on a bail application of Moazzam Ali, one of the suspects arrested on charges of their involvement in the murder of the Muttahida Qaumi Movement leader.

The judges also directed the FIA investigation officer to appear before the court along with case record.

Mansoor Afridi, counsel for Ali, said that his client should be released on bail as the case against him has been registered on the basis of ‘unfounded evidence’ which has no importance in the eye of the law.

He contended that the FIA lacked documents including a death certificate and a postmortem report to prove the murder of Farooq.

While referring to a judgment of the Sindh High Court, Afridi said that ‘when no direct evidence is available against the suspects that could be legally sufficient to hold conviction of the suspects and they should be set at liberty’.

The suspect’s counsel argued that the murder took place in London and the alleged conspiracy was hatched in Karachi. Both the places were beyond the territorial jurisdiction of the trial court but still the authority (FIA) preferred to register the case in Islamabad without any jurisdiction.

According to the prosecution, the defence counsel said, Ali was accused of facilitating the other suspects in killing the MQM leader and there was no direct or indirect incriminating material available on record against him.

He said that his client has never been produced before a trial court after he was sent to jail on judicial remand on January 28, which violates Section 344 of CrPC and Anti-Terrorism Act, 1997.

He said that the FIA has already completed investigation in the case and his client should now be released on bail till adjudication of the case.

Khalid Shamim and Mohsin Ali in their ‘confessional’ statements recorded before the magistrate stated that Farooq was killed as he was a ‘potent threat to the MQM leadership. Ali has not yet recorded his confessional statement in the case.

The FIA counter-terrorism wing had registered the case under Anti-Terrorism Act’s clauses including conspiracy, assistance, abetment and assassination/murder.

Apart from Altaf Hussain, Muhammad Anwar, Iftikhar Hussain, Moazzam, Khalid, Mohsin and Kashif Kamran have also been nominated in the FIR.

Published in The Express Tribune, May 10^th, 2016.