Innocent until proven guilty: ATC acquits two accused for want of evidence

Investigators say men were arrested as they were near the place where police found weapons.

KARACHI: An anti-terrorism court (ATC) discharged on Monday two suspects in cases pertaining to an alleged police encounter, attempted murder and for possession of illegal arms and explosives after the investigation officer found them innocent.

The decision to release the suspects, Abid Ali and Muhammad Hanif, was taken after the investigators failed to find adequate evidence, which could connect them to the offences. The police had claimed to have arrested the men and seized two hand grenades and a Kalashnikov from their possession in an encounter on January 19.

Following the arrest, two cases, No. 19/14 and 20/14, under sections 353(assault or criminal force to deter public servant from discharge of his duty), 324 (attempted murder) of the Pakistan Penal Code, read with section 3/4 of the Explosive Act, were registered against them at Kalri police station. The men were also booked under section 23-A of the Sindh Arms Act.

When the cases were taken up, investigation officer recommended the court that the suspects be released under section 169 (release of accused when evidence deficient) of the Criminal Procedure Code as no concrete evidence was found against them. The officer revealed that the police had detained the suspects as “they were standing near the place from where the police had seized the weapons.”

“It was revealed during scrutiny of the police papers that there was nothing concrete to connect the suspect to the offences,” said the deputy district public prosecutor of ATC-III, Abdul Maroof.

During the arguments, Maroof said that the police papers showed that the case property was ‘real’ but the suspects were not, adding that the case property was foisted upon the suspects by the previous investigation officer.  Following the police report and arguments from the prosecutor, the ATC-III discharged the suspects and directed the jail authorities to release them if not wanted in any other case.

Published in The Express Tribune, February 12^th, 2014.