Court rejects plea seeking action against IG

Accused to be handed over questionnaire under section 342 of criminal code today

ISLAMABAD:

Additional Sessions Judge Islamabad Atta Rabbani on Monday rejected three petitions filed by Zahir Jaffer, the main accused in the Noor Muqaddam murder case, seeking proceedings against the Islamabad police inspector-general.

Additional District Judge Atta Rabbani announced the judgement reserved after arguments on the three petitions including the one seeking proceedings against the Islamabad police chief for issuing an explanatory statement about the court trial of the case.

Public Prosecutor Hassan Abbas, while giving arguments on the petition filed against IG Islamabad, said: "The petition states that the police, while holding a press conference, issued an explanation on the court proceedings but the fact is that the police did not hold a press conference."

According to the public prosecutor: "The Twitter account of the Islamabad police clarified the misreporting of court proceedings on the media which has nothing to do with the IG's Islamabad office.”

Plaintiff Shaukat Muqaddam's lawyer Nisar Asghar argued that the filing petitions on behalf of the accused at this point in time was nothing but to prolong the case.

Shahriyar Khan, an aide to the main accused's lawyer, took the position that even if the police had explained the misreporting of the media, it was a matter of court proceedings.

“Does IG Islamabad have the authority to issue an explanatory statement on a pending case? he asked requesting the court to issue appropriate orders on the matter.

Nisar Asghar, the counsel for the plaintiff, while giving arguments on the second petition filed by the accused about the actual owner of the mobile number used by Noor Muqaddam's mother said that "This number was used by the victim's mother and has been confirmed by the location obtained from the call record data. He told the court that filing the petition now was tantamount to wasting the court's time.

This request has nothing to do with the defence of the accused as it is not our case based on call records or data,” he said.

Giving arguments on the third petition filed by the accused regarding the location map, the plaintiff's lawyer Nisar Asghar said, "The map clearly states which area is green and part of the forest. The map does not in any way affect the evidence in favour of the accused or any witness so the application should also be rejected."

On behalf of the accused, State Councilor Shahriyar Khan argued that the site's location was not correctly mapped where there is a forest, the house is shown, and there is no mention of external routes and basements.

He requested the court to visit the spot.

On the request of the victim's mother's mobile number, he said, "It is necessary to verify the ownership of the mobile number and the court will get a record in this regard. Everything will be clear out."

Additional District Judge Atta Rabbani ruled on the petitions and dismissed the three. The court adjourned a further hearing of the case till Wednesday (today).

The accused will be given a questionnaire under section 342 of the criminal code at the next hearing and the proceedings will be taken forward.

 

Published in The Express Tribune, February 8^th, 2022.