Karachi :Justice served after 38 years in detention

[LahoreEstate]

By Shamim Bano

Karachi

A suspect detained without being charged or tried in any court of law for the past last 38 years in a murder case was acquitted on Friday by the District and Sessions Judge South.

Saeed-ul-Haq, now 85 years old, had been arrested by the Artillery Maidan police in the year 1971 for allegedly murdering an unknown person. The police registered an FIR, 230/71, U/S 302 for premeditated murder.

The court allowed the petition filed by Advocate Qadir Khan Mandokhel under section 265-K for the acquittal of Saeed-ul-Haq, as the prosecution totally failed to produce any evidence and witnesses against him.

During his total detention period of 38 years at the Central Jail Karachi, Haq was never produced before the court except once in 1971 when he was remanded by the then judicial magistrate.

On Friday, when the case came up for hearing in the court of District and Session Judge South Faheem Ahmed Siddiqui, Haq was acquitted for want of evidence.

Haq’s police file had been lost many years ago – a fact that came to light only when Defence Counsel Qadir Khan Mandokhel first filed an acquittal application back in 1999 in the Sindh High Court (SHC).

According to Mandokhel, he had paid a visit to Central Jail Karachi in 1999 and found out about Haq who had been detained since January 20, 1971, without being charged or tried in any court of law. The Defence Counsel, on behalf of his client, filed an application in the SHC who ordered his release on April 1, 1999, for want of evidence but he continued to be detained in the jail.

The SHC back in 1999 acquitted Haq on a personal surety of Rs2,000 with the orders that as and when his police file is recovered, and if he is found responsible, he would be detained again.

The ‘missing’ police file has not been found since then.

Ten years on, Mandokhel filed a petition under 265-K in the court of Distric and Session Judge South on August 25, 2009.

The court summoned the police twice along with the record, but they failed to produce any record.

On the first hearing, the police sought time and later submitted that there was no such record available with the police station and there was little chance of recovery of the police file.

The court then asked the Attorney General’s opinion, who concurred with Mandokhel’s petition. Over the period of 38 years, Haq has lost his memory and his ability to speak.

Doctors who have examined him say that he lost his memory and speech due to the severe shock.

Meanwhile, Advocate Mandokhel has appealed to the people to find out the whereabouts of Haq’s family so that he can spend his remaining life with his loved ones.

Bail plea: Additional District and Sessions Judge (South) Abdul Naeem Memon has appointed a court official to get the affidavit of Afaq Ahmed signed for his bail application in a case related to the murder of one Ateeq-ur-Rehman.

The official would visit the Central Prison Karachi to get Mohajir Qaumi Movement chief Afaq Ahmed’s affidavit signed and attested by jail superintendent on Saturday.

Afaq Ahmed had filed a bail application through his counsel Mustafa Memon, which

according to the deputy

public prosecutor was not maintainable since the accused was already in jail in another case.

According to the prosecution, one Asim along with his three accomplices killed Atiq-ur-Rehman and wounded his brother Shahzad allegedly on the behest of Afaq Ahmed on June 29.

Nabi Bux police station registered a case (FIR 222/09) against Afaq Ahmed and others under sections 302, 324, 109 and 34 of the Pakistan Penal Code on the complaint of Shahzad.

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