PHC denies bail to terror suspect
Hayatabad Imambargah attack
By Akhtar Amin
September 08, 2015
PESHAWAR: The Peshawar High Court (PHC) on Monday denied bail to a terror suspect charged with the bomb and suicide attack on an imambargah in Hayatabad in which 18 people were killed and 40 injured in February 2015.
A single bench of Chief Justice Mazhar Alam Miankhel dismissed the bail petition of terror suspect Mohammad Shafiq, said to be father-in-law and uncle of one of the three suicide bombers, Khair Mohammad, who attacked the imambargah in Hayatabad.
As per the first information report (FIR) registered by Station House Officer (SHO) of Hayatabad Police Station, Daud Khan, the terror suspect, an active member of the banned organisation facilitated and trained the suicide bombers for the attack.
The accused belongs to Qambarkhel area in Bara tehsil of Khyber Agency.
In his statement under Section 161 of the Criminal Procedure Code to the police, the accused claimed to be an active member of LI and also donated Rs5 million for terror acts. He claimed that he trained his son-in-law Khair Mohammad for a suicide attack in Afghanistan.
He stated that his son-in-law was among the three suicide bombers who attacked the imambargah.
At least 18 people were killed and 40 others injured in the bomb and suicide attack at an imambargah in Hayatabad during Friday prayers.
Additional Advocate General Qaiser Ali Shah submitted before the bench that the accused was identified after forensic test of one of the suicide attackers.
He stated that the police arrested him on May 13, 2015 and the accused confessed to the crime in his statement to the police.
The terror suspect was charged under sections 302, 324, 353 and 427 of the Pakistan Penal Code read with Sections 3 and 4 of the Explosives Substance Act and Section 7 of the Anti-Terrorism Act.
The lawyer for the accused said his client was falsely implicated in the case.
He submitted that there was contradiction in the statements of the witnesses, investigation officer and FIR. He said another inquiry should be held and the accused be released on bail.
About the statement of the suspect, he said that such statements were taken through violence.
After hearing arguments from both the sides, the court dismissed the bail petition of the accused.
Meanwhile, another bench of the high court comprising Justice Roohul Amin Khan and Justice Mohammad Daud Khan restrained the National Accountability Bureau (NAB), Khyber Pakhtunkhwa, from taking action against Chief Executive Officer of Formedic Company, Iftikhar Ahmad Sheikh, for issuing substandard interferon to the Khyber Pakhtunkhwa government for Hepatitis-C patients.
The court issued notice to chairman NAB and director general NAB KP, directing to explain their position for issuing a notice to the petitioner.
During the course of hearing, the petitioner’s lawyer Ghulam Mohiyuddin Malik submitted that in 2012 the PHC had taken suo motu notice of the issuance of fake and substandard interferon for the patients.
He said that criminal cases were registered against the petitioner and officials of Health Department, including Dr Mohammad Ali Chohan and former director general Health Dr Mohammad Sharif.
A single bench of Chief Justice Mazhar Alam Miankhel dismissed the bail petition of terror suspect Mohammad Shafiq, said to be father-in-law and uncle of one of the three suicide bombers, Khair Mohammad, who attacked the imambargah in Hayatabad.
As per the first information report (FIR) registered by Station House Officer (SHO) of Hayatabad Police Station, Daud Khan, the terror suspect, an active member of the banned organisation facilitated and trained the suicide bombers for the attack.
The accused belongs to Qambarkhel area in Bara tehsil of Khyber Agency.
In his statement under Section 161 of the Criminal Procedure Code to the police, the accused claimed to be an active member of LI and also donated Rs5 million for terror acts. He claimed that he trained his son-in-law Khair Mohammad for a suicide attack in Afghanistan.
He stated that his son-in-law was among the three suicide bombers who attacked the imambargah.
At least 18 people were killed and 40 others injured in the bomb and suicide attack at an imambargah in Hayatabad during Friday prayers.
Additional Advocate General Qaiser Ali Shah submitted before the bench that the accused was identified after forensic test of one of the suicide attackers.
He stated that the police arrested him on May 13, 2015 and the accused confessed to the crime in his statement to the police.
The terror suspect was charged under sections 302, 324, 353 and 427 of the Pakistan Penal Code read with Sections 3 and 4 of the Explosives Substance Act and Section 7 of the Anti-Terrorism Act.
The lawyer for the accused said his client was falsely implicated in the case.
He submitted that there was contradiction in the statements of the witnesses, investigation officer and FIR. He said another inquiry should be held and the accused be released on bail.
About the statement of the suspect, he said that such statements were taken through violence.
After hearing arguments from both the sides, the court dismissed the bail petition of the accused.
Meanwhile, another bench of the high court comprising Justice Roohul Amin Khan and Justice Mohammad Daud Khan restrained the National Accountability Bureau (NAB), Khyber Pakhtunkhwa, from taking action against Chief Executive Officer of Formedic Company, Iftikhar Ahmad Sheikh, for issuing substandard interferon to the Khyber Pakhtunkhwa government for Hepatitis-C patients.
The court issued notice to chairman NAB and director general NAB KP, directing to explain their position for issuing a notice to the petitioner.
During the course of hearing, the petitioner’s lawyer Ghulam Mohiyuddin Malik submitted that in 2012 the PHC had taken suo motu notice of the issuance of fake and substandard interferon for the patients.
He said that criminal cases were registered against the petitioner and officials of Health Department, including Dr Mohammad Ali Chohan and former director general Health Dr Mohammad Sharif.
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