ATC acquits Lyari gang suspect in multiple cases

Court cites flawed investigation; orders release if not wanted in other cases

KARACHI:

An anti-terrorism court (ATC) on Thursday acquitted alleged Lyari gang member Muhammad Salam, alias Mullah Nisar, in multiple cases pertaining to kidnapping, murder and a police encounter, citing lack of incriminating evidence and serious flaws in the investigation.

The verdict was announced by the ATC functioning inside the Anti-Terrorism Complex at Karachi Central Jail. The court ordered prison authorities to release the accused if he is not required in any other case.

In its detailed judgment, the court observed that key prosecution witnesses failed to provide reliable identification of the accused. It observed that an identification parade conducted nearly a decade after the incident could not be considered trustworthy.

The court further ruled that the accused's alleged confession before police was inadmissible as it had not been recorded before a magistrate in accordance with legal requirements. It added that while medical evidence may establish the cause of death or nature of injuries, it cannot determine the identity of the assailant.

The judgment acknowledged that three people had lost their lives in the incident but emphasised that the mere occurrence of deaths was insufficient to prove the accused's guilt. It also pointed out contradictions in the prosecution's case and termed the investigation defective.

Taking notice of the lapses, the court sought an explanation from investigating officers over serious shortcomings in the probe.