PESHAWAR: Accepting their appeals, the Peshawar High Court on Monday set aside the conviction of two persons for terrorism over faulty investigation by the police.

A bench comprising Justice Abdul Lateef Khan and Syed Afsar Shah expressed displeasure over the faulty investigation and observed that in such cases, the police deliberately ignored important evidence to benefit the accused.

An anti-terrorism court of Kohat had convicted Sadam Khan and Sherpao Khan, both residents of Khyber Agency, on April 29, 2014 in a case about the smuggling of chemicals used in manufacturing of explosives, and sentenced them to 14 years rigorous imprisonment.

It also ordered the forfeiture of the properties of the two.

Observes police deliberately ignore evidence in such cases to benefit the accused

The prosecution alleged that officials of Mohammad Riaz Shaheed police station in Kohat had prior tip about smuggling of chemicals for the onward use as explosive substances.

The police had stopped a truck on Sept 18, 2013, seized 1,890kg of potassium chlorate and held the appellants riding in it.

They claimed the two were taking the seized material to Bannu so that it could be used in acts of terrorism.

Shahid Naseem Chamkani, lawyer for the appellants, said his clients were falsely implicated in the case.

He said the prosecution failed to establish any link between appellants and any militant outfit and that even it couldn’t prove that the material was meant for making explosive substances.

The lawyer said his clients had purchased the seized material from an authorised dealer of Peshawar and intended to use it for agricultural purpose.

He said the prosecution’s witnesses had recorded conflicting statements before the court as one of them claimed the bomb disposal unit chief was present on the spot when the material was seized while the other insisted the BDU chief was called in after the material’s seizure.

The lawyer also claimed the BDU chief didn’t mention in his report that if the seized material was meant for acts of terrorism or agricultural purpose.

APPEAL DISMISSED: The bench also dismissed an appeal of a trucker’s conviction for the smuggling of smuggling of explosive material and other items and upheld his sentence given by an anti-terrorism court.

It observed that the prosecution had proved the case against the appellant, Afzal Rehman, a resident of Mir Ali in North Waziristan Agency.

The bench, however, accepted the appeal of another convict, Niaz Mohammad, in the case.

On April 5, 2012, the police of Banda Daud Shah area in Karak stopped a truck driven by the appellant, Afzal Rehman, and recovered 50kg explosive material kept in 10 cylinders and four cartons along with five detonators and five meters of prima card used to make improvised explosive devices.

The police held Afzal Rehman along with Niaz Mohammad riding in the truck and booked them under sections 3 and 4 of the Explosive Substance Act and sections 6 and 7 of the Anti-Terrorism Act.

The anti-terrorism court of Kohat convicted them of the charge and sentenced them to 14 years rigorous imprisonment.

Additional advocate general Qaisar Khan said the appellants were caught smuggling explosive material and that they were linked to a proscribed militant organisation.

He said the two carried the explosive material, which was to be used in acts of terrorism.

Qaisar Khan said Afzal Rehman had confessed to the smuggling.

However, the lawyer for appellants said his clients were ignorant about the presence of explosives in the truck and that one of them was driver, while the other had no link with the truck.

He claimed the police had tortured one appellant to confess to the smuggling.

Published in Dawn, January 27th, 2015

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