The federal government filed a criminal appeal before the Islamabad High Court (IHC) challenging the October 30, 2010, decision by a trial court to acquit five men in two cases of suicide attacks on the Frontier Constabulary (FC) and Special Branch of the police in Islamabad last year.
A two-member bench comprising Chief Justice IHC Iqbal Hameedur Rehman and Justice Riaz Ahmed Khan issued notices to the respondents.
Challenging the judgment of the Anti Terrorism Court (ATC), the prosecution maintained in the appeal that the case was decided without thorough consideration of the material available against the accused. The prosecution contended that the ATC had acquitted five men in October 30, 2010 in two cases of suicide attacks targeting security forces at an FC check post and the office of Special Branch in Sitara Market.
According to the appellant, the trial court did not consider the gravity of the case and accepted the plea of the accused without hearing the prosecution. He requested the court to set aside the trial court decision.
The prosecution argued that the trial court had accepted the 265-k application of the accused and had acquitted them without hearing the prosecution. He said that the men were involved in the suicide attacks.
The trial court acquitted Fidaullah, a student of Jamia Faridia and security in-charge of Abdul Rasheed Ghazi, who was killed in the Lal Masjid military operation. The names of the remaining four are Khairullah, Khurram Shahzad, Awais and Obaid.
Fidaullah,Khairullah and Shahzad were involved in a suicide attack on FC check post on April 4, 2009, which killed eight security men. The accused were arrested in June last year.
In second case on March 24, 2010 a police constable was killed when a teenage suicide attacker blew himself in front of special branch office in Sitara market.
Published in The Express Tribune, April 12th, 2011.
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