SC acquits RA Bazaar blast convict

Justice Khosa says state failed to prove the case

ISLAMABAD: The Supreme Court (SC) on Thursday acquitted a 20-time death sentence convict involved in the 2007 RA Bazar Rawalpindi suicide blast case over faulty testimonies of witnesses.

The three-member bench led by Chief Justice Asif Saeed Khosa presided over the case pertaining to RA bazaar bombings in 2007.

The convict, Umar Adeel, was accused of abetting the suicide bomber who boarded a bus and blew himself up killing 20 people and injuring 36.

A trial court had awarded 20 times death sentence to the suspect which was upheld by Lahore High Court (LHC).

During the hearing, the state prosecutor Amjad Rafiq said the suspect was not a common man but one of the masterminds behind the targeted bombing.

RCB CEO summoned by court

He said that on that fateful day three people arrived in a car, one of them entered a bus and two of them sped away. When the car went out of sight, the suicide bomber blew himself up in the bus, Rafiq added. At this, the chief justice said if the related car was traced, why was not the name of the person revealed for 11 months? He went on to say that if the car’s rental receipt was genuine, it signified that the police, from the first day, knew the person who took it. Justice Tariq added that why did not the police arrest the suspect if it knew about him.

The counsel replied that the police was searching for the suspect for 11 months. Justice Tariq interrupted and said, “You are saying that the suspect was not on record for 11 months then how can you say that the police was looking for him.”

The counsel cited that 20 people lost their lives in the incident who were responsible for securing the country’s borders. He pleaded the court to preside the case as a special one. Justice Khosa remarked that the government’s counsel had given a big statement by saying that the case shouldn’t be looked at as a normal one.  The existing laws are same for everyone, Justice Khosa remarked. He said that although 20 people lost their lives in the incident, the state did not prepare a good case.

Anti-narcotics court extends Sanaullah’s judicial remand

An identification parade was done after 11 months, Justice Khosa said, “can anyone remember a face after 11 months?” and added that two policemen were made witnesses in the case as they could not defy the orders while being in the uniforms. He expressed that the government didn’t find any other witnesses in the bazaar and testimonies recorded five months later, were added to the supplementary charge sheet.

Justice Khosa said: “We have taken the oath and are accountable to God. We cannot do anything if the testimonies aren’t according to law.”

Chief Justice said that there should be a concrete witness if the suspect was to be proved guilty of the offence. He added that they lived in the same society and the same happened with their relatives too. “It hurts me when this happens but then I recall my oath that the decision should be taken in compliance with the law.”

The court ordered acquittal of the suspect while his link with a terrorist organisation was not also proved.

Top court seeks proposal from provinces on groundwater pricing

Police reprimanded

Islamabad High Court took a strong exception of the poor performance of Islamabad police.

Justice Aamer Farooq warned that he would issue orders to suspend all investigation officers of the city police if they did not change their attitude.

“Murder suspects go free due to faulty investigation by the police,” Justice Farooq said hearing a pre-arrest bail plea of a suspect .

DIG and SSP Islamabad police also appeared before the court in compliance with the summons. Justice Farooq asked the IO what was the role of the suspect nominated in the FIR. To this, the police investigation officer expressed ignorance.

The bench remarked and directed the official to improve the investigation standard of the department. He said that the murder suspect escaped the law due to poor investigation Earlier, the counsel for the accused Hafiz Sufian pleaded that his client had been nominated in FIR but he had no role in the crime scene.

After this, the court reserved its judgment on the bail plea of the accused and ordered the police to adopt thumb impression and forensic technology to improve its investigation standard. 

Published in The Express Tribune, October 11^th, 2019.