The Supreme Court on Thursday acquitted Umar Adeel - a 20-time death sentence convict - involved in RA Bazaar Rawalpindi suicide blast case. Adeel was accused of assisting the suicide bomber. A suicide blast in a bus in Rawalpindi had killed 20 people and injured 36 in 2007. The trial court had awarded 20-time death sentence to the accused while the Lahore High Court maintained the trial court verdict.
A three-member bench of the apex court headed by Chief Justice Asif Saeed Khan Khosa heard the case through videolink from Supreme Court's Lahore registry. The state prosecutor said that it was not a normal blast as it was a targeted bomb blast, adding three people came in a car, one entered the bus while two others returned to the car. He said when the car turned, the bus exploded.
The Chief Justice asked when vehicle was traced then why the name of borrower who got car on rent did not appear for 11 months. If receipt of rent a car office was original then police knew from the first day who had taken the car on rent.
Justice Sardar Tariq Masood asked why the accused was not arrested when the police knew the name.
The state prosecutor said that the search for the accused continued for 11 months.
Justice Sardar Tariq Masood asked the prosecutor how he was saying that the search continued when the name of the accused had not been on the record for eleven months.
State Prosecutor Amjad Rafique said that 20 people lost their lives in this incident. The martyrs were protecting national borders, he added.
He pleaded the court that this case should not be viewed as a normal case.
The Chief Justice asked the counsel that he has made a very big statement that the court should not judge this case as common law.
He asked the counsel that he was representing the government, adding the court could look into it if the government makes amendments in the law. The law that exists is the same for all and courts have to make decisions for all according to that law, he added.
He asked the counsel if he wants a particular law for someone then there should be legislation in the Parliament.
The Chief Justice remarked that 20 precious lives were lost but the government did not lodge a good case. These people have sacrificed for the nation and the nation has made a weak case for them, he added.
He remarked that the identification parade was held after 11 months.
He observed that two policemen were made witnesses as they can't deny the order in the uniform. He asked no more witnesses were found in such a large market.
The testimony of these witnesses was taken four to five months later and was placed at the beginning of the police report, he added.
"We have to answer before Allah as we have taken an oath," the top judge remarked.
He remarked that the level of evidence must be sufficient to prove involvement. In such a big case, very weak evidence was placed, he added.
He observed that there was no proof that the accused had affiliation with any terrorist organization.
Copyright Business Recorder, 2019