By Ishaq Tanoli

KARACHI, July 28: Former Sindh police chief Rana Maqbool filed applications in a sessions court on Wednesday praying to recall the non-bailable warrants issued for his arrest and the proceedings of proclamation of offender against him as well as to exempt him from personal appearance in a 1999 case pertaining to an attempt on the life of President Asif Ali Zardari, who was then in police custody.

The applicant’s counsel, Rana Mohammad Shamim, submitted that the investigation officer of the case had filed a police report under Section 173 of the criminal procedure code stating that there was no evidence against the accused, but the judicial magistrate treated it as an interim charge-sheet and issued warrants for the arrest of all those nominated in the FIR.

He said that the magistrate’s act was unlawful. He submitted several rulings of the superior judiciary in support of his argument.

He said that the proceedings of Sections 87 (proclamation for person absconding) and 88 (attachment of property of person absconding) of the CrPC against Rana Maqbool were initiated on a false report submitted by the police as notices or warrants were never served on his client and he had recently come to know about the reopening of the case when the court called a report from the Punjab chief secretary.

He prayed to the court to recall the warrants and the proceedings of Sections 87 and 88 of the CrPC.

In another application filed under Section 205 (magistrate may dispense with personal attendance of accused) read with 540-A (provision for trial being held in the absence of accused in certain cases) of the CrPC, Mr Maqbool’s lawyer stated that his client was facing death threats and some elements were also provoking the Pakistan People’s Party and the Muttahida Qaumi Movement against him. Since the applicant’s life was in danger, he, under these circumstances, could not appear in court, the lawyer said, and requested the court to exempt his client from personal appearance.

Additional District and Sessions Judge (south) Abdul Razzaq issued a notice to the public prosecutor, Kaleemullah, for Thursday (today), directing him to record his arguments on these applications.

On the previous hearing on July 20, the court had ordered accused Rana Maqbool to surrender himself before the court within 10 days.