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KARACHI: The Sindh High Court (SHC) on Wednesday admitted for hearing appeals challenging the acquittal of former Malir SSP Rao Anwar and his subordinates by an Anti Terrorism Court (ATC).
The ATC Karachi on Jan 23 had exonerated the then SSP and 17 members of his team by extending them the benefit of the doubt.
An appeal against the acquittal of former SSP Malir Rao Anwar and others in the Naqeebullah murder case was filed in the Sindh High Court by Naqeeb’s brother Sher Alam through his lawyer Advocate Jibrar Nasir.
In his appeal, Alam stated the Special Anti-Terrorism Court acquitted the accused ignoring the evidence. The decision of the Special Anti-Terrorism Court should be annulled, the appeal read.
Referring to a ruling of the Supreme Court, he stated that the trial court had erred in law by passing a consolidated judgement in three cases, as besides the main case the accused police officers were also booked in two other cases for foisting explosives and illicit weapons upon the victims.
Such amalgamation was made by the ATC even though the cases arose out of different FIRs and contained different sets of accused and prosecution witnesses, he maintained.
Advocate Nasir argued that in view of such jurisprudence, it was a settled law that the provisions of Section 21-M of the Anti-Terrorism Act, 1997 did not authorise a court to amalgamate and jointly try separate cases arising out of different FIRs.
He contended that the trial court had failed to adjudicate the charges against the accused under Sections 201, 202 and 204 of the Pakistan Penal Code and such failure to specifically either convict or acquit an accused of every charge was an incurable defect.
After initial hearing, the SHC admitted the appeal and issued notices to Prosecutor General Sindh, summoning response in 4 weeks.
