Karachi: Man indicted five years after arrest
KARACHI: The additional district and sessions judge-III, east, Hafeeza Usman, on Tuesday indicted an accused on charges of possessing illegal weapons and explosive material.
The accused, Hafiz Qasim Rasheed, son of Abdul Rasheed, pleaded not guilty and opted to contest the case. The court fixed April 30 as the next date of hearing and summoned all the prosecution witnesses to appear in court to record their statement.
According to the prosecution, Hafiz Qasim was arrested on July 21, 2002, from Jackson police limits for possessing illegal weapons and a case (FIR No 1002) was registered against him under Section 13-D of the Arms Ordinance. During the initial interrogations, police claimed, the accused revealed that he had buried some explosive substance in a vacant plot in Gulshan-i-Sikandar, Keamari. The police dug up the plot and found 625 grams of explosive substance, followed by registration of another case (FIR No 1102) against Hafiz Qasim under Section 45 of the Explosive Act read with Section 7 of Anti-terrorism Act.
The case has been pending in court since 2002 as the mandatory permission from the provincial home department has not been granted so far. The case was, however, being proceeded on the directions of a district and sessions judge, west.
“Section 7 of the Explosive Substance Act tells us that the permission of the provincial government is mandatory in all the cases registered under the Explosive Act,” the defence counsel, Maqbool-ur-Rahmen, told Dawn. In case of non-compliance, he added, all the proceedings would be treated as void.
He said if the district and sessions judge was authorised to give directions to the trial court in such cases then why the home department’s permission was required under Section 7 of Explosive Act. He pointed out that if the district judges were ‘empowered’ to grant permission to the trial courts why hundreds of such cases had been pending in courts for years due to non-issuance of the required notification from the home department.
The complete article can be found at Dawn News.