20000226

Plane conspiracy

case not to be

heard in camera

RECORDER REPORT

KARACHI: Anti Terrorism Court Judge Rehmat Hussain Jeffrey on Friday ordered that the October 12 plane conspiracy case would not be held in camera but the court would decide on the portions of statements of the accused that should or should not be released for the public and the media.

Judge Jeffrey in his brief orders on the application under section 342 Cr. P.C. moved by the Advocate General of Sindh, Raja Qureshi, requesting for 'in camera' trial of further proceedings in the case, observed that there were three parts of the application:

The court will put questions to the accused and they will be at liberty to say whatever they want. The accused can give a statement in writing and the court, after recording statements, will see which part should not be released for the media and the public; and, if the accused say something verbally, the court will record the statement and see which part should not be released before the public and the media. "Thus this application is disposed of", the court concluded.

Defence counsel Khawaja Sultan, talking to newsmen, expressed his dissatisfaction over these orders and said they were being denied to exercise their fundamental rights to tell their version of the entire story to the people of Pakistan.

He said that he was not satisfied with the orders as the accused wanted to expose the conspiracy which right had been denied to the accused.

Defence counsel Iqbal Raad said that they would consult their legal experts and decide whether to challenge the order in a superior court as their clients had been denied their fundamental rights.

Earlier, the court granted an application of defence to play the spools and the cassettes in open court.

On the third application of defence, moved by advocate Manzoor Malik and two others, the court observed that the defence was at liberty to produce Asif Tiwana as defence witness.

The hearing of the case has been adjourned till Wednesday.

APP adds: The judge rejected the application of defence counsel for producing prosecution witness Asif Tiwana as court witness and asked the defence that they can produce him as defence witness.

Aftab Farrukh and Abdul Haleem Pirzada, counsel for accused Ghous Ali Shah, and Manzoor Ahmed Malik, adovate, for accused Rana Maqbool Ahmed in their application dated 24.2.2000 had requested the court for examining, Asif Tiwana son of Mohammad Yousuf Tiwana as court witness to prove the contents/material of video cassettes prepared/made by him.

The lawyers for the accused had stated that article 'I' which was secured by the SHO Waqar Malhan under 'Mushirnama' Ex-76 is a very material and important piece of evidence with regard to events occurred at Karachi Airport on 12.10.1999 and in order to prove the article 'I', the evidence of Mohammad Asif Tiwana is necessary though he is shown as prosecution witness in the challan but has not been examined as a prosecution witness.