Sarfraz Shah murder case: Court says ‘no’ to returning Rangers weapons, allowing investigation report

SI Abdul Haleem Kolachi deposes about material recovered and arrests.

KARACHI:

The court hearing the Sarfraz Shah murder case rejected a request for the Rangers weapons to be returned and the joint investigation team report to be made part of the proceedings.

The applications for filed before Judge Bashir Ahmed Khoso of Anti-Terrorism Court (ATC I).

One of them was filed by the Pakistan Rangers through its legal branch officer Major Ashfaq, who sought a return of the case property, including official weapons of the Rangers mobile squad, now accused in the murder case, a mobile van and other articles. The court rejected this one through a short order announced in open court.

The second application was filed by the defence counsel, requesting the court to call the Joint Investigation Team report (JIT) and to make it part of the court proceedings. The ATC judge also rejected this application.

One more prosecution witness was examined on Monday. Special Public Prosecutor (SPP) Muhammad Khan Buriro examined SI Abdul Haleem Kolachi. The petitioner deposed that he witnessed the arrest of accused Afsar Khan by DSP Altaf Hussain, the recovery of three mobile phones surrendered by the Pakistan Rangers, including two owned by Afsar Khan and one by Manthar Ali, the Rangers driver, the recovery of registers of the Chhippa ambulance service. He said that memos of the recovery and arrest were signed by him and that DSP Altaf also recorded his statements under Section 161 of the CrPC.

The defence counsel cross-examined him and asked traditional questions, including whether he was giving a false deposition in order to appease his superiors. The court later put off the proceedings till Tuesday morning.

Bench refuses to hear matter

A court sent back a case to the roster bench to fix before another bench as a lawyer who is said to have taught one of the judges was involved.Almost as if it read the mind of the court hearing a criminal revision application in the Sarfraz Shah murder case, the defence filed for the power of attorney to represent Inspector Bahaur Rahman of the Abdullah Shah Ghazi Rangers.

Senior advocate Muhammad Raghib Baqi, who is said to be the teacher of Justice Irfan Saadat Khan heading the bench, submitted the papers on Monday. In view of this relationship, Justice Irfan Saadat Khan refused to hear the revision application and marked it back with directions to the roster branch to fix it before another bench of the Sindh High Court.

The application seeks a review of the order passed by the trial court (Anti-Terrorism Court I) judge who rejected the defence’s plea that the case is not triable by an ATC and therefore should be transferred to an ordinary court of law (a sessions court).

Sarfraz Shah was shot dead on June 8 in what was alleged to be an extrajudicial murder by Rangers personnel. Six of the Rangers men and one civilian are standing trial in the high-profile case.

Published in The Express Tribune, July 12^th, 2011.