KARACHI: Nearly six years after his murder, an antiterrorism court (ATC) on Monday sentenced four men, said to be associated with one of the gangs operating in Lyari, to life imprisonment on two counts in a case pertaining to the murder of former Muttahida Qaumi Movement-Pakistan MNA Ali Raza Abidi.
The ATC-XV judge found accused Muhammad Farooq, Muhammad Ghazali, Abu Bakar and Abdul Haseeb guilty of facilitating, aiding and abetting the absconding accused in the killing of the MQM leader in 2018 within the jurisdiction of the Gizri police station
The trial was conducted in the judicial complex inside the central prison. Accused Haseeb appeared in court on bail and he was taken into custody after the pronouncement of the verdict.
The court sentenced them to life imprisonment for conviction as well as under Section 7 of the Anti-Terrorism Act.
ATC convicts them on abetment, terrorism charges; four hitmen still at large, six years on
The judge also imposed a fine of Rs200,000 on each convict as compensation to the legal heirs of the deceased. They would have to suffer an additional one-year imprisonment in case of non-payment of the fine.
The court put the case of absconding accused Bilal, Hasnain, Ghulam Mustafa alias Kali Charan and Faizan on dormant file and they would be tried for murder after their arrest. They have already been declared proclaimed offenders.
In its verdict, the court observed: “The punishment to accused is awarded on the concept of retribution, deterrence or reformation. The purpose behind infliction of sentence is twofold. Firstly, it would create such an atmosphere which could become deterrence for the people who have inclination towards crime and secondly to work as a medium in reforming the offense.
“Deterrent punishment is not only to maintain balance with gravity of wrong done by person but also to make an example for others as prevented measures for reformation of society,” it added.
During the trial, state prosecutor Ghulam Abbas Dalwani submitted that the four accused did recce Mr Abidi and facilitated their four acquitting accomplices in carrying out the murder.
Defense counsel Abid Zaman argued that no confessional statements were recorded by the investigation officer and pleaded for their acquittal.
However, the court rejected the defense plea and ruled: “The evidence shows that all accused persons in furtherance of their common intention are involved in the commission of murder… and they are equally responsible for the act.”
According to the prosecution, 46-year-old Abidi was shot dead by armed motorcyclists in an attack on his vehicle outside his residence in Defense Housing Authority, Phase-V, on December 25, 2018.
Subsequently, the Counter-Terrorism Department (CTD) arrested accused Farooq and during grilling, he revealed that he along with his brother Mustafa and others accused conducted recce and made a plan to murder the former MNA.
On a lead provided by held Farooq, the CTD had conducted a raid near the Kakri ground in Lyari and apprehended three other accused prisoners. At a press conference, the CTD had claimed that the accused were affiliated with criminal gangs operating in Lyari.
The prosecution stated that the accused had tried to torch a motorcycle used in the crime in a Lyari locality.
It said that accused Haseeb revealed that absconding accused Ghulam Mustafa sent him to the Soldier Bazaar area to meet an unknown person who gave him Rs800,000 for killing the former MNA. He said he had given the amount to Mustafa.
A case was registered at the Gizri police station on the complaint of victim’s father Akhlaq Hussain Abidi under Sections 302 (premeditated murder), 109 (abetment) and 34 (common intention) of the Pakistan Penal Code read with Section 7 of the ATA.
It may be noted that complainant Akhlaq Abidi passed away around two years ago.
Published in Dawn, April 30th, 2024
