The Sindh High Court (SHC) on Tuesday set aside conviction of four activists of banned Harkatul Mujahideen Al-Alami in US consulate car bombing case and ordered their release if they are not involved in any other cases.
Mohammad Imran, Mohammad Haneef were sentenced to death while two other members Sharib Arsalan Farooqui and Hafiz Mohammad Zubair were awarded life in prison by the Anti-Terrorism Court in Karachi on April 14, 2003 for killing 12 people and injuring 43 others in a car bomb attack near US consulate on June 14, 2002.
Appellants preferred appeal against their conviction in the SHC.
Their counsel Abdul Waheed Katpar argued that prosecution case was highly doubtful as there were full of contradictions in statements of eyewitnesses.
He contended the admission of investigation officer that vehicle in which blast occurred had flown up to long distance supported the contention of defence that blast occurred in Suzuki Hi-roof not in Suzuki pick-up.
Katpar also argued that so-called confessional statements of appellants were not voluntary as there were contradiction in their statements, therefore, it could not be relied upon in the eyes of law.
He said eyewitness did not mention features of the appellants in their statements neither they identified the accused with their specific roles. He prayed court to release the appellants of charge as the prosecution failed to prove charges against them. Assistant Advocate General Habib Ahmed supported the trial court judgement and said that prosecution proved its case against the appellants.
The Division Bench of the SHC comprising Justice Rehmat Hussain Jaffery and Justice Mrs Yasmeen Abbasey after hearing the arguments of both side counsels for the reason to be recorded separately, set aside the conviction acquitting appellants of prosecution charge and ordered their release if not involved in other cases.
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