KARACHI, Nov 16: A prosecution witness, facing legal proceedings for his false deposition, was on Saturday sent to jail by an anti-terrorism court as he failed to appear before the court despite repeated notices.

Judge Arshad Noor Khan of the ATC-3 had issued show-cause notice to Arshad Mahmood for his false deposition in a case against five workers of the banned Hakatul Mujahideen Al-Aalmi.

While exonerating the five accused from the charges of possessing objectionable printed and recorded material and spreading sectarian hatred, the judge had also issued show-cause notices to the investigation officer and the area SHO for implicating “innocent people” in the case.

The judge in his verdict also observed that the clever police officers used to “make innocent people as sacrificial animals” to get shoulder promotions”.

The case against Nawab Khiyam Sarhadi, Mohammed Asif, Mohammed Zakir, Mohammed Imran and Aminuddin was registered by the Orangi Town police under section 6 (f) of the Anti-terrorism Act for “inciting hatred and contempt on sectarian basis to stir up violence”. The police also claimed the seizure of audio cassettes, containing objectionable speeches, and some pamphlets from the accused and showed their arrest on Sept 10 in Orangi Town by area SHO, Syed Ali Haider Shah.

Investigation officer, Inspector Irshad Ahmed Sohail, however, submitted final charge-sheet against the five accused under section 8 (d) of the ATA for possessing written and recorded material to stir up sectarian hatred. Only three prosecution witnesses — the IO, SHO and a taxi driver — appeared before the court to depose against the accused.

According to section 8, a person who has in his possession written material, a recording or visual images or sounds, which are threatening, abusive or resulting with a view to their being displayed or published by himself or another shall be guilty of an offence if he intents thereby to stir up sectarian hatred.

Arshad Mehmood, a taxi driver and the only independent and private witness against the accused persons, turned out to be an impostor and the judge also issued notice to him for his false deposition.

The IO had cited Arshad Mehmood, son of Amir Khan, as an eyewitness to the arrest of the accused. However, he himself disputed his parentage before the court and stated that his father’s name was Zubair Khan.

The judge had, earlier, issued bailable warrants for the arrest of the taxi driver in the sum of Rs25,000, when he had not appeared before the court despite being served with the show- cause notice.

The judge ordered his immediate arrest as he appeared before the court on Saturday without furnishing the surety bond.

The judge ordered the jail authorities to produce Arshad Mehmood on 26th, when he would conduct further proceedings of the show-cause notices.

Meanwhile, the investigation officer and the SHO submitted their written replies to the show-cause notices, issued to them for improper and defective investigation.