DAWN/The News International, KARACHI
20 May 1999, Thursday, 4 Safar 1420

Powerfull Cyclone just missed Karachi by 100 miles
WIND SPEED REACHED UPTO 120 knots !
Four Muttahida men awarded death penalty

KARACHI: An Anti-Terrorism Court on Wednesday awarded death penalty to four workers of Muttahida Qaumi Movement (MQM) in Rangers personnel murder case.

The ATC No 4, presided over by Judge Hussain Bukhsh Khoso, awarded capital punishment along with other punishments to accused Muhammad Faisal, Muhammad Razzaq, Muhammad Imran and Syed Junaid. The accused were charged with killing Sachal Rangers' personnel Dildar Hussain and injuring Mumtaz in Liaquatabad police station limits on July 2, 1998.

The judge awarded 10 years' rigorous imprisonment and fine of Rs 10,000 under Section 7 of Anti-Terrorism Act, life imprisonment under Section 302 PPC and one-year term under Section 148 to all of them. They would also pay compensation of Rs 50,000 under Section 324 PPC to the injured Ranger.

According to the prosecution, the accused along with 14 others had attacked the Polyclinic police check post of Sachal Rangers between Liaquatabad No 3 and 4. One accused, Taha, being a minor, would be tried separately under Sindh Children Act. Accused Nadir Shah, Ubaid K-2, Miru and others have been shown absconders in the case. Mahmood Qureshi appeared as defence counsel, while Ghulam Qadir Rajput acted as special public prosecutor in the case.

2 MQM men acquitted in murder case
KARACHI, May 19 (APP)- The Anti-Terrorism Court (ATC) No. 2, presided over by Judge Abdul Hameed Abro, on Wednesday acquitted two workers of Muttahida Qaumi Movement in a murder case of Asif alias Kala of the MQM (Haqiqi). The accused, Babar Lodhi and Muzafar Khanzada, were exonerated in the case.

According to prosecution, the accused were charged with taking Asif from his house and later killing him on Oct 19, 1998. After killing, the accused had put the body in a cab's boot and abandoned the vehicle. Another accused in the case, Anwar Raza, is shown as absconding.

The defunct Military Trail Court (MTC) had awarded death penalty to accused Babar Lodhi and acquitted Muzafar. Defence counsel Mumtaz Ali Khan Deshmukh and Special Public Prosecutor Insaf Ali Shah appeared in the case. - APP

Judgment reserved in Shahid Hamid case
KARACHI, May 19: The Anti-Terrorist Court (ATC) 5 judge Jawaid Alam heard 7 1/2 hours of closing arguments in the murder case of KESC director Malik Shahid Hamid on Wednesday, afterwards reserving announcement of the judgment for May 22.

The counsel for accused, Saulat Ali Khan, advocate Mansoob Ali Qureishi, defended his client by reading the statements recorded by 22 prosecution witnesses in the military trial court before rebutting them. In closing, he quoted numerous Supreme Court rulings, applying them to police investigations in the Shahid Hamid case to allege there was "no evidence" to connect Saulat Ali Khan with the murder of the late KESC chief.

"I have placed a mountain of evidence on the head of the prosecution by showing, with documentary evidence, that the entire investigation by police in the Shahid Hamid case has been dishonest," Mr Qureishi told the court when he concluded at 5pm, by which time he was practically inaudible and almost exhausted.

The accused, Saulat Ali Khan, sat nervously on a bench at the back small court room with his hands tied in chains, which rattled frequently.

Following the seven-hour long arguments by the defence counsel, assisted by Aamir Mansoob, the special public prosecutor, Haq Nawaz Baloch spent a total of 20 minutes in concluding the prosecution case. Part of his evidence consisted of newspaper clippings, which the judge pointed out was "inadmissible" in court.

The state prosecutor told the judge, in response to a query, he would not like the court to rely on the mobile telephone record which the inspector general, Sindh, the chief secretary, the Home Department and the Foreign Ministry in Islamabad had given to the military trial court in February this year to "prove" that Saulat Ali Khan had received instructions from MQM chief Altaf Hussain, through political secretary Nadeem Nusrat, to murder Shahid Hamid.

This "conspiracy theory" was taken back by the prosecution after the defence counsel told the court that the mobile phone theory had kept the military judges engaged for several days until the cross-examination of the Mobilink representatives had revealed that Farhan Ali (alleged pseudonym used by Saulat Ali Khan) was actually the name of the computer operator at the cellular phone company.

According to Mr Qureishi, the prosecution's theory that the MQM had conspired to kill the KESC director had also been refuted by subsequent statements made by KESC employees, who said that after assuming charge he had also removed persons appointed in the PPP tenure.

The defence counsel maintained that the first investigating officer, SHO Defence police station, Mohammed Mobeen, had acted dishonestly by leaving a blank space for completion of the FIR in the Shahid Hamid case, lodging the FIR at 11pm while starting the investigation at 10am.

Furthermore, he maintained that three eye-witnesses, wife of the deceased Shahnaz Hamid, Umar Hamid and a bystander Mirza Tariq Jawaid had recorded their Section 164 statements and identified Saulat Ali Khan as the accused "after 530 days", which was not admissible under Supreme Court rulings. Their subsequent statements, he noted, tallied almost word by word with their earlier statements given under Section 161 CrPc.

According to him, the eye-witnesses had said nothing specific about the description of the accused, other than his being clean shave and in Western dress.

At the same time, he cited court rulings according to which Saulat Ali Khan's "pointation" of the kalashnikov from MQM sector office in Nazimabad after 520 days, (while he was in SHO Gulbahar Aslam Khan's custody) was not admissible evidence that the gun belonged to him.

Mr Qureishi described as "fabricated" the ballistic report in which the same kalashnikov was picked up on December 11 but sent to experts on 25 December "after 14 days". During this period, he alleged, six bullets had been fired from the kalashnikov and their empties had been matched with the "unsealed" 155 empties (collected from the site of the murder) to prove that it was the same kalashnikov that was used to kill Shahid Hamid.

The defence counsel said Gulbahar SHO, Aslam Khan, was present when Saulat Ali Khan recorded his statement before the magistrate. Furthermore, the SHO had kept Saulat between Dec. 24 and Dec. 31 without police remand, even while having arrested him in a case of 13 E (possession of unlicensed arms).

Afterwards, Mr Qureishi alleged, his client's sisters were taken into custody to pressure Saulat to tell the media that he was Saulat Mirza and had murdered Shahid Hamid.

Saulat Ali Khan's counsel told the court that magistrate Mashooq Ali Palijo had admitted to the military court that he had written Dec. 22, 1998 as the date when Saulat was first brought for the confessional statement and afterwards changed it to Dec. 24. "This was done in order to send the accused to police and obtain his statement after torture".

Denying that the accused was Saulat Mirza, his counsel presented his identity card and matriculation certificates identifying him as Saulat Ali Khan.

The special public prosecutor told the ATC 5 that when "Saulat Mirza" was arrested from Karachi airport last December, he was travelling on a forged passport bearing the name Farhan Amin and was in possession of student cards by the name of Faraz Ali. Soon after his arrest, he said, Senator Nasreen Jalil had sent a telegram to the I.G. police expressing apprehension that "Saulat Mirza will be killed in police custody".

The public prosecutor said that MQM leaders Aftab Shaikh and Farooq Sattar had also issued statements that Saulat Ali Khan was an "MQM terrorist" and no one had contradicted these statements.

According to him, Shahnaz Hamid had recorded her statement under Section 154 at 10am on the day of the incident, while her statement under Section 161 CrPc was taken at her residence at 11pm, on account of the numerous people visiting for condolences. "Ms Shahnaz says she doesn't know his name, but he is the same man she saw fleeing from the locality," he told the court.

Furthermore, he said the evidence had been corroborated by her son, Umar, and a bystander, Mirza Tariq Jawaid, "both in front of a magistrate and in an identification parade".

The state lawyer said that the defence counsel had pinpointed to "small discrepancies", but that did not change the circumstantial evidence showing that the MQM terrorist Saulat Mirza and his colleagues had planned the murder of the KESC director.

The judge, who had twice asked the defence counsel to explain what difference it made to the case whether the accused was Saulat Mirza or Saulat Ali Khan, said the question before the court was "whether the person present in court has committed the offence".

MQM demands removal of corrupt officials

KARACHI: The MQM MPAs have demanded of the governor to stop prejudiced behaviour by removing Mohajirs from their jobs and demanded removal of corrupt officials. In a statement issued on Wednesday they condemned the removal of DMC East employees from their jobs and said that they were only being removed to save the inefficient officers belonging to PML (N). Meanwhile, MQM MNA Sheikh Liaquat Hussain has said that atrocities and injustices of police is a routine matter in Karachi and Hyderabad. He has appealed to the CJ Supreme Court to take notice of such injustices.

Cashier looted in front of police kiosk

KARACHI: The bandits looted cash, killed security guard and a passerby and injuring another in a shootout in PIB Colony on Wednesday. Muqeem, a cashier in Ashfaq and Afzal Fruit Company, was going along with Rayaz, security guard, to deposit Rs 160,000 at a bank in PIB Colony, when five armed men snatched moneybag and opened fire at them in front of a police kiosk.

In a shootout between bandits and the guard, a bandit, Rayaz and two passersby, Mirza Saeed and Shah Muhammad, received bullet wounds. However, armed men escaped with the loot, security guard's rifle and their injured accomplice.

Rayaz and Mirza Saeed died on way to the hospital and Shah Muhammad was admitted In protest, Subzi Mandi shop owners closed their businesses and pelted stones on vehicles. Heavy police party reached the spot and controlled the situation. Later SSP East suspended kiosk incharge Sub Inspector Muhammad Tasleem and his sub-ordinate with immediate effect.

Two killed: Unidentified assailants shot dead Naveed Shahzad, 25, outside his residence in Gulbahar on Wednesday. Police termed the murder due to an old enmity. Meanwhile, a decomposed body of an unidentified 30-year-old man was found in the bushes near New Subzi Mandi at Super Highway in Gulzar-e-Hijri.

The MLO Abbasi Shaheed said that the body was at least four days old and was strangulated. 12 vehicles snatched: Two armed men barged into the residence of Anjum Tasueef in Jhuarabad and looted cash, jewellery and other valuables.

The bandits looted cash, jewellery and electrical appliances from the residence of Shahzad Gul in Pak Colony, Rs 4,500, jewellery and other valuables from the residence of Muhammad Tariq in Orangi Town and the same from Gulshan-e-Iqbal. The car-lifters snatched four cars and eight motorcycles from the different parts of the metropolis. Two killed: Constable Muhammad Afzal, 25, posted in Sachal police station was injured, when a speeding route G-3 minibus ran over him. He died later in JPMC. Umer Daraz, 22, was electrocuted to death in Korangi Industrial Area while fixing an electric wire in a local factory. Naeem Iqbal, Abdul Qadir, Basheer Ahmed and Deedar Khan were injured, when their vehicle collided with another vehicle at Super Highway. Ali Ahmed and Allah Ditta were injured when they were run in Sachal police limits.

Six robbers killed in two encounters

OKARA: Six inter-district robbers were shot dead in separate police encounters. Reportedly, the Saddar police arrested a six-member gang of robbers -- Liaquat Ali s/o Ahmad Arain of Karyanwala village, Rashid Ahmad s/o Muhammad Ismail of Karyanwala village, Sheikhupura district, Riasat Ali s/o Ahmad Arain of Chak No 28/GB, Ghulam Rasool s/o Bashir Arain of Chak No 229/GB, Allah Ditta s/o Sofi Sanaullah Wattoo of Chak No 126/GB and Muhammad Ayub s/o Muhammad Shafi of Chak No 126/GB, Faisalabad district -- and recovered arms, cash, jewellery and other valuables from them.

On Tuesday night, the outlaws were being taken to some place for further recovery by the SHO Saddar Police Station in a police van, when some armed people boarding a white car opened fire at the van on GT Road.

The police officials jumped out of the van and took positions. In the meantime, Riasat and Rashid boarded the car and sped away, while the remaining four gangsters took refuge in the Mitchells Fruit Farm with the attackers.

The criminals continued firing at the police party, leaving Constable Irfan Ali injured. The police party chased the outlaws, and in an exchange of fire which continued for one an hour four dacoits, Ayub, Ghulam Rasool, Liaqat and Allah Ditta, were killed.

Meanwhile, the car in which Riasat and Rashid were fleeing was signalled by the police at Renala Khurd, but the criminals did not stop and moved to Satghara Road. The SHO Renala Khurd Saddar Police Station informed the Satghara and the Chuchak police and also kept himself on chasing the car. The criminals were proceeding to Faisalabad, but the SHO Gogera Police Station had blocked the road near Thatha Baig. Seeing the police, the outlaws left the car (MNN/67) and ran towards River Ravi. The police kept on chasing the robbers who had started firing at the police party. Meanwhile, the Renala, Satghara and Chuchak police also joined the shoot-out which continued for half an hour, leaving Riasat and Rashid dead. Their accomplices, however, escaped from the spot.

LAHORE: Police break leg of photographer, injure reporter
LAHORE, May 19: Two staffers of an Urdu language daily were severely beat up by the police in Manga Mandi on Wednesday. The manhandling left the photographer with a fractured leg while the reporter sustained severe injuries in the face and chest.

Employees of Urdu language daily Khabrain Muhammad Naseer, photographer, and senior reporter Zahid Ali Khan had gone to Manga Mandi to cover the funeral of four alleged robbers killed by police in Sheikhupura on Tuesday. A large number of locals had gathered to attend the funeral and Naseer was taking photos while standing on a tractor-trolley.

The police officials preforming duty on the scene asked him to stop taking photos and move away from the place. Naseer ignored the policemen who pushed him down from the trolley.

Naseer fell down and sustained severe injuries. As reporter Zahid Ali Khan tried to save him, the policemen also attacked him. Meanwhile, senior police officers intervened and stopped the policemen from causing more harm.

The newsmen were shifted to the Mayo Hospital where doctors said Naseer's leg had been fractured. Zahid Ali Khan was treated for bruises.

Talking to Dawn Lahore DIG Malik Iqbal said an inquiry into the incident has been ordered and a strict action would be taken against the culprits. He said the Sadar SP and AC had been appointed as the inquiry officers.

In a statement issued on Wednesday, the president of the Photojournalist Association, Lahore, Azhar Jafri, condemned the incident and demanded a strict action against the policemen.

A large number of newspaper photographers gathered at the Lahore Press Club to protest against the police highhandedness. They blocked Sir Agha Khan Road and chanted slogans against police.

SC asks ISI to remain within legal framework

ISLAMABAD: With an observation to the Inter- Services Intelligence (ISI) to confine itself within the legal framework, and to lay down guidelines for its political cell, the Supreme Court on Wednesday reserved its judgment in the ISI case.

The apex court took cognizance of the famous case on a letter of Air Marshal (retd) Asghar Khan seeking former chief justice's attention to the alleged misuse of public funds. Asghar Khan had asked the apex court to initiate proceedings under misconduct against former army chief Aslam Beg and former director general ISI Asad Durrani.

They were accused of allegedly distributing an amount of Rs 140 million among different political party heads, including the incumbent prime minister, prior to the 1990 elections. A three-member Supreme Court bench comprising Mr Justice Saiduzzaman Siddiqui, Mr Justice Sheikh Ejaz Nisar and Mr Justice Kamal Mansur Alam on Wednesday made it clear that it was only concerned with the guidelines and would not go into the allegations of distribution of money among the politicians as it was out of its domain. "It was history and the court was not concerned with it," Mr Justice Siddiqui remarked while referring to the distribution of money.

Asad Durrani, during the proceedings, denied about the existence of any political cell within the ISI and stressed that as an institution, ISI had no role in the distribution of money. Mr Justice Siddiqui also observed that the existence of a political cell in an intelligence agency was a necessity in the present-day environment, and remarked that there were numerous examples where the secret agents penetrated so deep in the politics of the hostile country that they were even elected to the highest posts. "This is my personal view and also of the court," he remarked. During the proceedings Attorney General for Pakistan Chaudhry Mohammad Farooq pleaded for dropping of the proceedings for not being maintainable.

The case, he insisted, did not fit in the category to be heard by the apex court under its origional jurisdiction. The court could only take up cases of public importance that affect large number of people under its Human Rights jurisdiction, the AG stated.

Public interest should not necessarily mean a case of public importance also, and there was a clear distinction between public interest and public importance, the AG said. Mr Justice Siddiqui remarked that there was no case before the court if we confined ourself to the letter of Asghar Khan. The judge also remarked that earlier a great deal of evidence had come up on record during the proceedings, showing that the case was of public importance.

The judge also remarked that two issues had emerged so far including the conduct of two former army officers and about the parameters of ISI's political cell. At this the AG mentioned that the two affidavits presented by Asad Durrani were contradictory in nature, besides the affidavit of Maj Gen Naseerullah Babar regarding those who received funds from the ISI was different from what Asad Durrani had stated in his two affidavits.

The AG requested the court to keep the names mentioned in the affidavits as secret. Former interior minister Naseerullah Babar had made a statement before the National Assembly about the distribution of the money on the basis of Asad Durrani's affidavit which was used by Asghar Khan in his letter to the CJ. The court then asked Akram Sheikh, the counsel of Aslam Beg, to suggest parameters as the letter of Asghar Khan has become redundant on which Sheikh responded that the court should adopt a dignified manner if it wanted to wind up the case.

This made Mr Justice Saiduzzaman to remark that as to what he was trying to suggest? "You need not to tell us what manner we should adopt," the judge observed. "I was only suggesting that the court should adopt such a way that it should not give wrong impression as the people are looking towards the courts," Akram Sheikh replied. "That is my concern, not yours," observed Mr Justice Siddiqui but Sheikh replied that there was no need to take offence as whatever he said was in the interest of the institution the dignity of which was most sacred to us.

Mr Justice Siddiqui remarked that he knew how much Sheikh worked for the dignity of the courts. However, Akram Sheikh was advised by a fellow lawyer Justice (retd) Gulzarin Kiani to show restraint.

Sheikh added that he was sorry that he was misunderstood, and asked the court to examine two aspects including whether the public money could be distributed to interfere with the fundamental rights guaranteed under Article 17 of the Constitution and whether the public money could be thrown away as bounty. Asghar Khan on his turn said the ISI was a big organisation doing a good job as a counter intelligence agency but he was only concerned with the politics of the country. If the court allowed to keep the political cell, then it would be difficult to restrain them from interfering in the political affairs inside the country, he said.

Naseerullah Babar, meanwhile, traced the history of the political cell, saying it was created by an administrative order to give locus standi to the agency to appear before the Hyderabad inquiry tribunal. But everything was distorted during the period of Ziaul Haq, he said. He also quoted former ISI chief Hamid Gul's statement in which he had stated that "he created Islami Jamhoori Ittehad (IJI)".

At this the AG intervened to ask the court to restrain Babar from making a political statement. Babar stated that money was not only supplied to the political parties in the 1990 elections but also in the 1993 elections. To substantiate his claim, he also produced a document suggesting that former president Farooq Leghari was given Rs 30 million by the ISI in 1993.

At this Mr Justice Siddiqui remarked that he was PPP's president. "Yes, but fact is a fact," replied Babar. Farooq Azam, advocate, representing Babar asked the court to define the role of ISI and look into the fact that if the ISI provided funds to the political entities for elections, then whether Article 63 (relating to the disqualification of the members) was attracted in this circumstances or not. Could the ISI be held accountable or not? he insisted.

© DAWN Group of Newspapers, 1999
© JANG Group, 1999

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