PHC overturns sentences of three terror suspects

PESHAWAR:

Three people convicted by an anti-terrorism court in Kohat were acquitted by the Peshawar High Court (PHC) on Monday. However, the sentence of a fourth convict was upheld.

Shoddy investigation, lack of solid proof and conflicting statements of officials and witnesses were some of the grounds that led to the court acquitting the three men. The case was heard by a division bench which was formed especially to hear the appeals filed against the ATC’s sentences.

Shahid Naseem, the counsel for the accused, told the court his clients Saddam and Sherpao were arrested on September 18, 2013 from the jurisdiction of Muhammad Riaz Shaheed police station in Kohat. Quoting the police report, he said both were taken into custody and charged with the intention of making explosives from the 77 bags of fertiliser they were transporting from Kohat to Bannu. They were charged under sections 4 and 5 of the Explosive Substances Act and Section 7 of the Anti-Terrorism Act. Later, an ATC sentenced them to 28 years imprisonment each and took over their land.

Defending his clients, Shahid Naseem said police lacked evidence to prove that the fertiliser was being transported to make explosives. He added they were arrested on suspicion, but some information was missing from police records.

The bomb disposal unit, headed by Akbar Khan, states one sample was taken, but police reports stated that 12 were taken. The counsel contended that these were conflicting claims. Naseem argued the accused had no criminal record and the whole case seemed dubious.

Additional Advocate General Qaiser Ali Shah told the court that the fertiliser was made of 1,890 kilogrammes of calcium chloride which can be used to make explosives. Also, the ATC judge had said both men belonged to a militant group. Asking for evidence, Justice Syed Afsar Shah told Qaiser he had to prove there was a connection between a militant group and the accused.

After hearing all the arguments, the division bench acquitted Saddam and Sherpao.

Naseem also argued the separate case of Afzal Rehman and Naiz Muhammad from Mirali and Miranshah areas of North Waziristan. He said they were arrested on April 5, 2013 for carrying 50 kilogrammes of explosives, 10 cylinders, four detonators and a hand grenade in a truck. The vehicle transporting the material to North Waziristan was intercepted at Banda Daud Shah Karak.

They were also consequently sentenced to 28 years imprisonment each by an ATC. While Rehman confessed to his crime in a trial court, Naiz did not.Naseem said that there were conflicting reports with the police as some witnesses said Naiz was arrested from the vehicle, while others said he was fleeing the site when he was caught.

The court then acquitted Naiz, while the sentence of Rehman was upheld.

Published in The Express Tribune, January 27^th, 2015.