20000209

ATA bench

disposes of

State appeal

KARACHI: An Anti-terrorism Appellate (ATA) bench of the Sindh High Court (SHC) comprising Justice Abdul Hameed Dogar and Justice Mohammed Ashraf Leghari on Tuesday disposed of an appeal filed by the State.

The appeal was filed against acquittal of accused Shahid Khan alias Shah Wali Khan and another accused by the same name Shah Waliullah Khan. The accused/respondents were acquitted by the ATC-4 for Karachi division.

According to the prosecution both the accused were arrested by Ferozabad police after an encounter on October 1, 1999. Police Constable Manzoor Ahmed sustained injuries due to firing by the accused and later succumbed to his injuries.

The bench after hearing Sindh AAG Jalil A Hashmi pointed out certain anomalies in the prosecutions story. The AAG conceded that the accused/respondents were acquitted due to inconsistencies in the timing of the incident and sending of injured to the hospital.

The AAG, however, maintained that the discrepancies occurred as the police party attempted to save the life of the injured police official. Saving of life is important than fulfilling of the formalities, he submitted.

However, later he conceded that there were lacunas in the case.

The court later disposing off the appeal as withdrawn (by the AAG) in its order said that "Accused Shahid Khan injured in the encounter was received in the hospital at 11:15 a.m, whereas the incident occurred between 11:10 Ñ 11:30 a.m. Injured constable Manzoor who later succumbed to his injuries was received in the hospital at 01:30 p.m. Due to such serious inconsistencies AAG does not press the appeal and withdraws the same".ÑAPP