20000119

ATA allows appeal

of Nadeem Sharper

KARACHI: An Anti-Terrorism Appellate (AT) Bench of Sindh High Court comprising Justice Hamid Ali Mirza and Justice Mohammad Ashraf Leghari on Tuesday allowed an appeal by Nadeem Shahpur alias Sharper of Muttahedda Qaumi Movement.

The accused/appeallant was sentenced to death by an Anti-Terrorism Court (ATC 07) presided by Hakim Ali Abbassi on charge of killing Anees Khan alias Anees Kala of rival faction of MQM in June 1997. Nadeem was arreted by CIA police, Nawabshah, on November 16, 1998, and was sent up for trial before a Military Trial Court (MTC) and was subsequently convicted.

Barrister M. Iqbal Ahmed appearing for the accused/appellant contended that no charge was framed against the accused by ATC 07. He pleaded that the accused is innocent and was falsely implicated by police in the case because of political vendetta against the MQM.

Syed Jalil A Hashmi, Assistant Advocate General Sindh, appearing for the state opposed the appeal.

The bench after hearing both the sides announced as short order allowing the appeal with the reasons to be recorded later.

The same ATA bench also put off hearing of an appeal by Saulat Mirza, accused in triple muder case of Shahid Hamid, late managing director, KESE, his gunman and driver. The adjournment was allowed for want of time.

According to the prosecution, Saulat Mirza along with some accomplices fired at and killed the victims on July 05, 1997, when the KESC MD was leaving for office from his residence in Defence Area.

The same court also put off hearing of an appeal filed by Amirullah and others facing triple murder charges of Hakim Mohammad Said, Hakim Abdul Qadir and peon Wali Mohammad.

The appeal will now come up for hearing on February 8 as a law officer of the state informed the bench on Tuesday that Raja Qureshi, Advocate General Sindh, and M. Ilyas Khan, Special Public Prosecutor, were busy before ATC 1 in case against Mian Nawaz Sharif and others.

The bench was informed that Sardar M Ishaque, counsel for a number of appellants, is also on general adjournment, after which the bench put off the matter till February 8 by mutual consent.ÑAPP