A division bench of the IHC, comprised of Justice Noorul Haq Qureshi, and Justice Athar Minallah, accepted the prosecutor’s plea and gave him time until May 25 to prepare his arguments on the bail application of Moazzam Ali, one of the suspects in the case.
Earlier, the court had issued notices to the FIA’s investigation officer and government to appear before the court along with the record of the case.
Mansoor Afridi, the counsel for the suspect, said that Ali should be released on bail as the case has been registered on the basis of hearsay which has no value.
The counsel said that the record of the case does not prove the allegation of Farooq’s murder as the FIA lack documents, including a death certificate, postmortem report, and site plans. “No evidence is available on record to ascertain the definite manner of death of Farooq,” he argued.
He said that the incident took place at London, alleged conspiracy was hatched at Karachi, both the places are beyond the territorial jurisdiction of the trial court but still the authority preferred to register the case at Islamabad.
As per the prosecution, he said, Ali is accused of facilitating the other suspects for committing Farooq’s murder and there is no direct or indirect incriminating material available on record against him.
He contended that Ali has never been produced before the trial court after he was sent to jail on judicial remand on January 28, adding that it was a violation of Section 344 of CrPC and the provision of Anti-Terrorism Act, 1997, and the Constitution.
He said that the FIA has already completed investigation in the case and he should now be released on bail till the final disposal of the case.
Published in The Express Tribune, May 18th, 2016.
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