SHC acquits journalist in banned literature case
Petition seeks access to Dr Aafia Siddiqui, counsel moves court for her repatriation
Sindh High Court : PHOTO: EXPRESS
KARACHI:
The Sindh High Court (SHC) acquitted on Wednesday journalist Nasrullah Chaudhry, who was earlier convicted by an anti-terrorism court (ATC) for possessing prohibited literature.
During a hearing of a plea challenging Chaudhry's conviction, his counsel, Advocate Muhammad Farooq, maintained before a two-member bench, comprising Justice Abdul Malik Gaddi and Justice Rashida Asad, that the Counter Terrorism Department had detained Chaudhry "illegally" for three days before confirming his arrest.
He said that the matter was reported in international publications and those reports were evidence of his client being kept in "illegal detention."
"The ATC, however, ignored Chaudhry's illegal detention while issuing the verdict," the counsel claimed, contending that on the basis of this, the verdict could be deemed to be in contradiction of the fundamental principles of law. The counsel also said that a fake FIR was registered against his client in the case.
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He argued that the prosecution had failed to provide any evidence of accusations levelled against his client, and moved the court to annul the trial court's verdict and acquit Chaudhry.
The court accepted his request and acquitted Chaudhry.
Replies sought
Meanwhile, a two-member bench comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed sought replies from the federal government, the Ministry of Human Rights, the Ministry of Interior and other relevant authorities on a plea seeking access to Dr Aafia Siddiqui, who is incarcerated in the United States (US).
At the hearing, the counsel of petitioner Fowzia Siddiqui, who is Dr Aafia's sister, informed the court that they had received no information about Dr Aafia for the last three years and the Ministry of Foreign Affairs, the Ministry of Interior and the Human Rights Commission of Pakistan too had not replied to the letters written to them on the matter.
He expressed concern over the possibility of Dr Aafia's health being at risk, given the situation that had emerged following the coronavirus outbreak in the US.
Citing examples of France, India and Iran, he said that these countries had taken steps for the repatriation of their citizens imprisoned in the US, adding that even those held in murder cases were being sent back to their home countries.
The counsel pleaded to the court to order the government for Dr Aafia's repatriation, given that she was a political prisoner.
At this, the court asked for details about the policies for the repatriation of citizens imprisoned abroad, in the context of the current situation, and issued notices to the relevant authorities, seeking their replies by April 16.
Extension granted
At another hearing, a bench headed by SHC Chief Justice Ahmed Ali Shaikh and comprising Justice Omar Sial granted an extension to the National Accountability Bureau (NAB) to complete the investigation against Pakistan Peoples Party leaders Sardar Khan Chandio and Burhan Khan Chandio. Both of them have been accused in a case pertaining to illegally leasing state land to an oil manufacturing company.
The NAB prosecutor informed the court that the inquiry against the accused had been completed and apprised the court of the status of the investigation.
He requested for an extension to complete the investigation.
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Accepting his request, the court also extended the interim bails of the accused and adjourned the hearing till June 10.
Bail plea
Meanwhile, Justice Aftab also granted an extension to the petitioner's counsel for submitting the reply on the bail plea of Adil Zaman, who is accused in the murder of anchorperson Mureed Abbas.
Zaman's counsel gave a copy of the bail plea to the petitioner's counsel at the hearing.
The court granted an extension to the petitioner's counsel, giving him a "last warning" to submit the reply at the next hearing on April 16.
Adil Zaman and his brother Atif Zaman are imprisoned on charges of perpetrating Abbas' murder, though they are yet to be indicted.
Published in The Express Tribune, April 9th, 2020.
The Sindh High Court (SHC) acquitted on Wednesday journalist Nasrullah Chaudhry, who was earlier convicted by an anti-terrorism court (ATC) for possessing prohibited literature.
During a hearing of a plea challenging Chaudhry's conviction, his counsel, Advocate Muhammad Farooq, maintained before a two-member bench, comprising Justice Abdul Malik Gaddi and Justice Rashida Asad, that the Counter Terrorism Department had detained Chaudhry "illegally" for three days before confirming his arrest.
He said that the matter was reported in international publications and those reports were evidence of his client being kept in "illegal detention."
"The ATC, however, ignored Chaudhry's illegal detention while issuing the verdict," the counsel claimed, contending that on the basis of this, the verdict could be deemed to be in contradiction of the fundamental principles of law. The counsel also said that a fake FIR was registered against his client in the case.
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He argued that the prosecution had failed to provide any evidence of accusations levelled against his client, and moved the court to annul the trial court's verdict and acquit Chaudhry.
The court accepted his request and acquitted Chaudhry.
Replies sought
Meanwhile, a two-member bench comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed sought replies from the federal government, the Ministry of Human Rights, the Ministry of Interior and other relevant authorities on a plea seeking access to Dr Aafia Siddiqui, who is incarcerated in the United States (US).
At the hearing, the counsel of petitioner Fowzia Siddiqui, who is Dr Aafia's sister, informed the court that they had received no information about Dr Aafia for the last three years and the Ministry of Foreign Affairs, the Ministry of Interior and the Human Rights Commission of Pakistan too had not replied to the letters written to them on the matter.
He expressed concern over the possibility of Dr Aafia's health being at risk, given the situation that had emerged following the coronavirus outbreak in the US.
Citing examples of France, India and Iran, he said that these countries had taken steps for the repatriation of their citizens imprisoned in the US, adding that even those held in murder cases were being sent back to their home countries.
The counsel pleaded to the court to order the government for Dr Aafia's repatriation, given that she was a political prisoner.
At this, the court asked for details about the policies for the repatriation of citizens imprisoned abroad, in the context of the current situation, and issued notices to the relevant authorities, seeking their replies by April 16.
Extension granted
At another hearing, a bench headed by SHC Chief Justice Ahmed Ali Shaikh and comprising Justice Omar Sial granted an extension to the National Accountability Bureau (NAB) to complete the investigation against Pakistan Peoples Party leaders Sardar Khan Chandio and Burhan Khan Chandio. Both of them have been accused in a case pertaining to illegally leasing state land to an oil manufacturing company.
The NAB prosecutor informed the court that the inquiry against the accused had been completed and apprised the court of the status of the investigation.
He requested for an extension to complete the investigation.
SC sets aside IHC, SHC orders for prisoners’ release
Accepting his request, the court also extended the interim bails of the accused and adjourned the hearing till June 10.
Bail plea
Meanwhile, Justice Aftab also granted an extension to the petitioner's counsel for submitting the reply on the bail plea of Adil Zaman, who is accused in the murder of anchorperson Mureed Abbas.
Zaman's counsel gave a copy of the bail plea to the petitioner's counsel at the hearing.
The court granted an extension to the petitioner's counsel, giving him a "last warning" to submit the reply at the next hearing on April 16.
Adil Zaman and his brother Atif Zaman are imprisoned on charges of perpetrating Abbas' murder, though they are yet to be indicted.
Published in The Express Tribune, April 9th, 2020.