KARACHI: An antiterrorism court has ordered release of two detained men after police recommended cancellation of a ‘fake’ case pertaining to collection of funds for the banned Tehreek-i-Taliban Pakistan.

The case was registered by the Counter-Terrorism Department during their ‘enforced disappearance’.

On June 24, the two men — Dr Abdul Rehman, who was then serving at the Civil Hospital Karachi, and Malik Rizwan — were detained by the CTD on charges of collecting funds outside a mosque in Gulshan-i-Iqbal on June 24.

The ATC-X judge, who conducted the trial in the judicial complex inside the central prison, approved the final investigation report submitted by the investigating officer of the case for cancellation of the ‘false’ FIR against them.

Police probe finds the two men victim of ‘enforced disappearance’

The judge concluded that the memos of arrest and recovery shown by the CTD were highly doubtful as both the suspects had been framed in the case while they were allegedly confined by a law enforcement agency for around two years without any charge.

The court further noted that the detained men’s families had petitioned the Sindh High Court regarding their enforced disappearance.

The previous IO could not collect any substantial evidence, showing involvement of the accused persons in the commission of the offence, so merely the statement of the complainant was not sufficient to believe that the present accused persons were involved in the instant case, it added.

Therefore, the court approved the C-Class report submitted by the IO/DIG Amir Farooqui and ordered release of the detained men forthwith if their custody was not required in any other criminal case.

After due approval from the higher authorities, the IO also recommended/suggested initiating departmental proceedings against the delinquent officers/officials of the CTD — including Sub-Inspector Muhammad Asim (complainant), head constables Mehboob Hassan and Arshad Khan (witness of arrest, recovery and seizure) and Inspector Sajjad Ali (the first IO).

According to the prosecution, the CTD officials had apprehended accused Rizwan alias Adnan and Dr Rehman alias Moni outside Shah Faisal Masjid, located in Gulshan-i-Iqbal’s Block 6, on June 24 and allegedly recovered donation receipts of the banned TTP.

It also claimed recovery of funds collection book’s receipts — from serial number 7,051 to 7,100 — and Rs150 cash was seized from Rizwan. Similarly, it also showed recovery of the receipts — from serial number 7,151 to 7,200 — of the donation book of the TTP along with Rs200 cash from Dr Rehman.

SI Muhammad Asim of the CTD’s Investigation Wing lodged an FIR against them under Section 11-H and 11-N of the Anti-Terrorism Act, 1997 at the CTD police station.

During the trial, the inspector general of police had entrusted reinvestigation of the matter to the DIG-East Amir Farooqui on Aug 8 in compliance with directives of the SHC in cases filed by relatives of the detained men, who they said went missing.

DIG Farooqui, who was the third IO, filed a progress report before the trial court regarding reinvestigation and stated that “case of accused is case of no evidence” and also filed a C-Class report.

The DIG, who appeared in court with previous IO Inspector Sajjad Ali and complainant SI Asim, further submitted in the report that it was quite evident that it was a case of “enforced disappearance”.

Therefore, he moved an application seeking disposal of the case under the C-Class and stated that after minutely investigating the matter, he had come to the conclusion that there was no such evidence available on record against the accused persons, who had no criminal record.

“The accused persons have been falsely charge-sheeted and there seems to be some mala fide intentions of the complainant,” the DIG said.

He stated that in fact the alleged incident had not taken place while the timings of the incident, as shown by the complainant, were not proper because several religious parties collect donation at the time of prayers.

He found that the complainant had not cited any witness of such donation collection by the accused persons while no huge amount of money was recovered from them at the time of their arrest.

He submitted that no weapon was secured from the suspects while their arrest was shown at a time when it was neither time for Maghrib nor Asr prayers.

The report stated that complainant SI Asim of the CTD himself arrested the accused and then also got registered an FIR against them, which is contrary to the routine practice.

Special Public Prosecutor Ghulam Abbas Dalwani stated that the case had become doubtful since the first IO had charge-sheeted accused Rehman while the last IO, DIG Farooqui, had concluded that the complainant lodged the FIR against the accused with mala fide intentions.

Therefore, he recommended that the matter may be disposed of as B-Class.

Advocate Sajjad Hussain Mangrio, counsel for Dr Rehman, submitted that his client was innocent and had not committed the alleged offence. He said that no such incident had even taken place.

The counsel further stated that Rehman’s father had petitioned the SHC regarding his son’s “enforced disappearance”, which showed that he was already under enforced disappearance prior to the occurrence of the incident.

His wife had also lodged an FIR of her husband’s kidnapping under Section 365 (kidnapping) of the Pakistan Penal Code at the Sharea Faisal police station on April 7, 2017, while the police showed the occurrence of the alleged offence on June 24, he added.

He argued that DIG Farooqui had rightly submitted C-Class report in court and pleaded to allow the same in the larger interest of justice.

Advocate Qamar Iqbal, defence counsel for Rizwan, also claimed that his client was innocent and falsely framed in the case despite his family had filed a petition before the SHC against his disappearance.

Published in Dawn, September 18th, 2018