Larger bench to hear Hijratullah case appeal

The LHC CJ adjourned the hearing of the appeal seeking enhancement in the punishment of Hijratullah till September 16.

LAHORE: Lahore High Court Chief Justice (CJ) Khwaja Muhammad Sharif on Monday adjourned the hearing of an appeal seeking enhancement in the punishment of Hijratullah till September 16.

On October 19, 2009, an anti-terrorist court had awarded Hijratullah 10 years rigorous imprisonment for attempting to destroy a military helicopter during a military operation against the terrorist attack on the Police Training School Manawan on March 30, 2009

The CJ ordered fixing of the appeal before the division bench as the appeal had been mistakenly fixed before the single bench which could not hear it.

According to the prosecution, security personnel arrested a man on suspicion and on searching him found a grenade, a dagger and some papers. It added that the man was later identified as Hijratullah alias Shakirullan son of Matiullah, caste Kakar Pathan, resident of Charsadda. The prosecution said that he wanted to destroy a military helicopter. An FIR under the Explosive Substances Act 1908, 13(20)65 of Arms Ordinance and Section 7 of Anti-Terrorism Act was registered against him at Manawan police station.

In the appeal, the prosecution said that Hijratullah confessed that Baitullah Masood had instructed him to carry out terrorist activities.

It said that the 12 witnesses they produced before the trial court proved the allegations against Hijratullah. It said that the presence of the accused at the crime scene proved that he was directly involved in the attack.The appeal said that the trial court had not meted out punishment according to Hijratullah’s offense. It said that Hijratullah deserved life imprisonment instead of 10 years imprisonment.

The prosecution prayed that the court modify and alter the judgment of the trial court and the accused be awarded life imprisonment.

Published in The Express Tribune, September 15^th, 2010.