Dissatisfied with ATC-II’s proceedings, father moves SHC for transfer of Rao Anwar’s trial

The family of Naqeebullah Mehsud who was murdered a fake police encounter filed an application with the Sindh High Court on Monday, seeking the transfer of the murder trial against former Malir SSP Rao Anwar and others from Anti-Terrorism Court-II to another court in the interest of justice.

Mohammad Khan, father of the slain 27-year-old South Waziristan native, said in the application that suspended senior superintendent of police Anwar and his subordinates had been booked for murdering his son and three other citizens in a fake encounter in Shah Latif Town on January 13.

He charged that the anti-terrorism court was giving undue benefit to the accused by not passing orders on his objections and he had reasonable apprehension that the presiding officer of the ATC would not be able to act fairly and impartially while deciding the case.

Khan’s counsel Faisal Siddiqui said the trial court had developed a bias in favour of Anwar and his subordinate officers, and that bias was apparent from the fact that the presiding officer had to date failed to consider and pass any order on the written objections filed by the applicant.

Besides, he said, it was a settled principle of law that while hearing a bail application, a court should not go into deeper appreciation of evidence; however, the presiding officer of the ATC while going into deeper appreciation of evidence had given a detailed order on the bail application of the main accused and also made statements in his favour, and that showed that the judge had already made up her mind regarding the outcome of the extrajudicial killing case.

He submitted that one of the prosecution witnesses retracted his statement which proved that Anwar was influencing the proceedings before the trial court and prejudicing his interest in the case. He said that despite the application before the trial court no protection had been provided to the other prosecution witnesses, and expressed apprehension that more witnesses would retract their statements due to the threats being extended to them, which would in turn weaken the case of the prosecution.

Khan’s counsel stated that the applicant had developed a reasonable apprehension that the ATC presiding officer would not be able to act fairly and impartially in the case and unless the transfer application was allowed, the case would be decided in violation of the applicant’s right to a fair and impartial trial, which was in violation of the applicant’s rights as guaranteed under, inter-alia, articles 4, 9 and 10-A of the Constitution of 1973.

The court was requested to allow the application and transfer the trial proceedings from ATC-II to any other competent court of the law in the interest of justice.

Plea against mayor

The Sindh High Court issued notices to the advocate general of the province and others on a Pakistan Tehreek-e-Insaf leader petition seeking an inquiry into the alleged mismanagement of Karachi Metropolitan Corporation funds and corruption in the corporation.

PTI leader Mohammad Faisal Vawda, who is contesting elections in National Assembly constituency NA-249 Karachi, submitted in the petition that over Rs10 billion funds had been received by the KMC for development projects and the funds were being misused by Mayor Waseem Akhtar.

He expressed concern over the mismanagement of funds and corruption in the KMC and alleged that the mayor was using his powers and funds entirely for the fulfillment of ulterior motive. He said the acts of the mayor were uncalled for.

Vawda submitted that the funds were not being utilised for the development schemes of the city and the mayor was bent upon misusing his powers by misappropriating funds of the general public and getting wrongful gain for his person.

The court was requested to direct the National Accountability Bureau or another investigation agency to conduct a fair and impartial inquiry and also order an audit of the last two years of KMC accounts and expenditures.

NAB, the mayor and others were cited as respondents in the petition. The court also issued notices to the Sindh IGP, the home secretary and others on Vawda’s petition for providing adequate security during elections as he was receiving threats from criminal elements.

He submitted that he was raising voice against the criminal and extremist elements in his constituency and he had sent letters to the authorities for providing him adequate security till the elections.

He said that he was not being provided adequate security, and requested the court to direct the home department and the IGP to provide him adequate security till the elections. The court directed the IPG and others to file comments on the petition by July 19.