SHC threatens to cancel bail over non-submission of replies

Court sets aside 14-year imprisonment sentence in illegal weapons case

KARACHI: A two-member bench of the Sindh High Court (SHC) headed by Justice Muhammad Ali Mazhar issued notices to Sindh prosecutor-general, former Malir Senior Superintendent of Police (SSP) Rao Anwar and Deputy Superintendent of Police (DSP) Qamar Ahmed in the Naqeebullah murder case, hinting at cancellation of their bail.

Expressing displeaure, the court questioned why the bail should not be cancelled on non-submission of replies. An anti-terrorism court (ATC) had granted bails to Anwar and Ahmed. Naqeebullah’s father, Khan Muhammad, had filed a plea with the SHC seeking the cancellation of the bails pleading that the trial court had ignored evidence and approved the bail. The accused are charged with kidnapping Naqeebullah and his friends, murder and possession of unlicensed weapons.



Disqualification plea

The same bench directed the plaintiff to submit the rulings of other high courts and election commission, and appear with preparation before the court in the case regarding the appointment of Imran Khan as the prime minister.

The plaintiff, Advocate Abdul Wahab Baloch, provided the copies of the verdict of Islamabad High Court among others, but Justice Mazhar remarked that the documents should be presented in an orderly manner and adjourned the hearing till October 22.

In the plea, Baloch observed that Imran Khan, in his nomination papers, did not mention his daughter which meant that he was no longer Sadiq and Ameen and therefore should be disqualified.

Cancelled NOCs

The SHC issued notices to deputy interior secretary and others, regarding the cancellation of the No Objection Certificates (NOC) issued to private security companies, and asked the Interior Ministry again to submit its reply by October 26. A two-member bench headed by Justice Mazhar heard the plea.

On non-submission of reply from the Interior Ministry, the court expressed its anger and Justice Mazhar remarked that federal government officers did not bother to submit replies and law officers appeared before the court without any preparation. The Sindh government lawyer observed that if federal ministry issued NOCs, the provincial government would have no issues.

The private security companies maintained that the ministry, without any prior notice, cancelled the NOCs. They said that federal government had cancelled the NOCs of three private security companies and requested that they be restored and federal interior ministry be barred from taking any action.



Arguments sought

The same bench ordered the National Accountability Bureau (NAB) prosecutor and counsel to present arguments by November 19 and appear before the court in the case of Rs50 million corruption in Women Development Programme, Sukkur. The bench gave these orders while hearing the bail pleas of Director Badar Jameel Mendhro and other suspects.

The NAB prosecutor requested an extension stating that a reference against the suspects had been filed and their statements were being recorded. The court expressed displeasure and asked when they would present the arguments for the bail plea. Shaukat Hayat, the advocate appearing for the accused, maintained that suspect Shehbaz Soomro had filed an application for plea bargain, but the NAB chairperson had not yet taken a decision.  The NAB prosecutor maintained that the decision over the plea bargain application would be given in a month.

Sentence revoked

The SHC set aside a 14-year imprisonment sentence awarded by an ATC to Afroz Alam alias Nakaam Guddu, convicted for possession of explosive material, illegal weapons, detonators and nut bolts. A two-member bench heard the case.

The case against Alam was registered at Pakistan Bazaar Police Station. The police had recovered explosive materials and weapons from Altaf Nagar upon identification by the suspect. The ATC had announced its verdict in January 2018. 

Published in The Express Tribune, October 16^th, 2018.