Shershah carnage case: Investigator summoned by link ATC III judge

Earlier, nine co-accused in case were acquitted by Justice Sajjad Ali Shah.


Express January 27, 2011

KARACHI: District and Sessions Judge Dr Qamaruddin Vohra, who is also the link judge for the presently vacant Anti-Terrorism Court (ATC III), has reprimanded the investigating officer of the Shershah market carnage case for producing the nine accused men before the administrative judge (of the ATCs) to seek further physical remand.

The link judge was hearing the main case against four accused men who were arrested first — Lal Muhammad Magsi, Aslam Pervez, Shafi Muhammad and Nawaz — after the AJ entrusted the case’s trial to ATC III on December 20, 2010.

The investigator reportedly told the link judge that he acted upon the directives of his superiors and produced the nine nominated co-accused men before the AJ to obtain further physical remand.

The government should take action against you then, the link judge reportedly told the officer, adjourning till Feb 11 when the case is likely to proceed against the four accused men in custody, if the government appoints a new judge to the vacant ATC-III.

Thirteen workers and owners of shops in the Shershah old spare parts market, including Muhammad Asif, Muhammad Arif, Amjad Ali, Zubair, Umair, Irshad, Mansoor, Nasir Kashif, Tariq, Anees and Ghulam Rasool were killed on October 19, 2010 when unidentified gunmen on motorcycles opened indiscriminate fire at them. Six shopkeepers, Kashif, Arsalaan, Rashid, Zeeshan, Arif and Imran were injured.The FIR was registered on October 20 on the basis of a written statement by complainant Nafees.

Nine accused men voluntarily surrendered before the SIU, namely Muhammad Tufail, Abid Ali, Asghar Ali, Tahseen, Abdul Rasheed, Johar, M Aijaz, M Iqbal and Muhammad Akbar. Three accused Hameed alias Mulla Raju, Noor Muhammad alias Baba Ladla and Rashid are still absconding in the case.

Justice Sajjad Ali Shah, administrative judge for the ATCs for the Karachi division, had a day earlier, exonerated all nine co-accused as the police failed to collect any evidence and the complainant who nominated them had failed to identify any one of them before the court.

The release of the nine men shook the police investigation agency. Top officials procured a copy of the order within an hour after it was announced as the release order by the AJ will weaken the prosecution’s case.

Published in The Express Tribune 28th,  2011.

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