As many as 45 men and women belonging to the Ismaili community were killed in the deadly attack on this bus in Safoora Goth on May 13. PHOTO: FILE
A two-judge bench, headed by Justice Aqeel Ahmed Abbasi, passed this direction while hearing a petition seeking release of the three suspects, who stood trial in a military court for facilitating the accused involved in the Safoora Goth massacre, from the custody of the military authorities following their acquittal.
The former deputy-director of the Fishermen Cooperative Society, Sultan Qamar Siddiqui, and his younger brother, Muhammad Hussain Siddiqui, were arrested on allegations of facilitating the Islamic State-inspired group of youths, who had shot dead around 45 members of the Ismaili community in the outskirts of Karachi in May, 2015.
Five accused, including Saad Aziz alias Tin Tin, Tahir Hussain Minhas alias Sain, Asadur Rehman alias Malik and Mohammad Azhar Ishrat alias Majid, were sentenced to death by a military court.
Hira Siddiqui had moved an application seeking the release of her husband, Sultan, and brother-in-law, who were handed over to the army, following the transfer of their trial from an anti-terrorism court (ATC) to a military court setup under the 21st Amendment.
The families of the Siddiqui brothers and another suspect, Sajid, had approached the court, saying it had come to their knowledge that the three men had been found to be not involved in facilitating the executioners of the Safoora Goth carnage.
The court has been pleaded to order the authorities to release the detainees, who are said to have been kept in inhumane living conditions and are suffering from ailments. During Wednesday's proceedings, the petitioner's lawyer, Khawaja Shamsul Islam, alleged that Sajid had been granted bail in connection with a case registered against him regarding arms at the Sharae Faisal police station but he (Sajid) is still not being released. Meanwhile, the investigation officer (IO) informed the judges that he had not received the files of cases against Sajid, Sultan and Hussain from the military court as other co-accused were being tried in these cases.
The officer added that first these files be sent to the ATC concerned from where it will be sent to the relevant sessions court.
The IO disclosed that letters seeking return of the cases' files had already been addressed to the interior ministry and the army's general headquarters, adding that the reply was still awaited.
The bench ordered the authorities concerned that the three men should be presented in court at the next hearing.
It also directed that the case of Sajid should be separated from the Siddiqui brothers and the case file should be called from the military court by the next hearing.
Published in The Express Tribune, November 24th, 2016.
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