ISLAMABAD: The Anti-Terrorism Court (ATC) of Islamabad on Thursday convicted three accused in the decade-old murder case of Muttahida Qaumi Movement (MQM) leader Dr Imran Farooq and jailed them for life.

ATC judge Shahrukh Arjumand announced the verdict in the open court.

“The prosecution remained successful in proving the case against accused by producing confidence aspiring evidence. Case in hand is a fit one for awarding death penalty, however, as an ordinance has been promulgated to amend Pakistan Penal Code 1860 whereby, in the cases where evidence is shared by a foreign country death penalty cannot be given,” the court ruled.

The accused Syed Mohsin Ali, Moazzam Ali and Khalid Shamim were thus convicted and sentenced to life imprisonment. They were also imposed a fine of Rs1.2 million each.

According to a First Information Report registered by the Counter Terrorism Wing of the Federal Investigation Agency, “assassination of Dr Imran Farooq was result of conspiracy hatched in United Kingdom and Pakistan, by Altaf Hussain, the head of Muttahida Qaumi Movement. Muhammad Anwar, senior member of MQM and Iftikhar Hussain. In result of conspiracy Khalid Shamim and Moazzam Ali facilitated and sent Muhammad Kashif Khan Kamran along with Syed Mohsin Ali to United Kingdom for murdering Dr Imran Farooq. Later on Dr Imran Farooq was killed in Green Lane, Edgeware area of London on 16 of September, 2010 at 17:30 GMT.”

Three jailed for life in decade-old case

In the first phase of the case, 13 Pakistan-based witnesses were examined by March 28, 2019. On April 25, 2019 statements of the accused were recorded.

Stuart Greenaway, detective chief inspector of Metropolitan Police Services, United Kingdom, came along with evidence to Pakistan and recorded his statement while 15 other UK-based witnesses also recorded their statements via video link.

Mr Greenaway was the senior investigating officer authorised by UK police authorities for looking into the murder of Dr Imran Farooq. He supervised the overall investigation process which was given the code name of Operation Hastor.

Special Prosecutor Khawaja Mohammad Imtiaz argued before the court that with prior design and motive accused facing trial Syed Moshin Ali with absconding accused Kashif Khan Kamran was sent to the UK to silence the voice of Dr Farooq who was emerging as a potential threat to Altaf Hussain.

He said a gruesome murder was committed in London creating sense of insecurity among the general public and especially MQM workers.

The prosecutor while highlighting the evidence argued that confessional statements of two accused facing trial coupled with other incriminating evidence so brought on record established the guilt of the accused facing trial and their connivance with absconding accused. It was argued that accused Moazzam Ali and Khalid Shamim facilitated Mohsin Ali and Kashif Khan Kamran (absconding) in getting admission to an educational institution of London and then their subsequent travel.

Advocate Arif Khan representing Moazzam Ali argued that the charges against his client were only of abetment and facilitating the crime.

The counsel argued that the bank record so presented also in no way suggested that any amount was directly transferred by his client to co-accused Mohsin Ali and Kashif Khan Kamran (absconding).

Zeeshan Riaz Cheema advocate, representing Khalid Shamim, said that in the FIR reference of an inquiry and constitution of a joint investigation team was given but during the trial neither any inquiry report nor a JIT report were tendered. He argued that there was delay of five years in the lodging of FIR after the murder and no explanation in this regard had been brought forward.

He said allegations of conspiracy and abetment levelled against his client were not proved because no date, place, time and manner were quoted by prosecution regarding hatching of conspiracy.

Advocate Mehar Mohammad Baksh, representing Mohsin Ali, said the accused was innocent and had been falsely implicated just to show efficiency and to suppress public concern over a high profile murder committed in London.

The court noted that the case was historical in nature whereby the documentary evidence and articles were produced during the trial after an agreement of Mutual Legal Assistance was struck between two sovereign countries.

The court noted that the confessions of the accused persons, coupled with other strong incriminating evidence, established the facts that Dr Imran Farooq feared for his safety and had identified the top leadership of the MQM who were likely to kill him. A conspiracy was thus hatched among the seven accused in which everyone played his role and consequently the two executors after being facilitated in terms of money and logistics travelled to London for the explicit purpose of carrying out the heinous offence.

The verdict read: “The two executors acquired the items which were used in committing the brutal murder. Prior to occurrence proper surveillance of victim was carried out and after the occurrence the two executors immediately left London. The sole purpose of committing the murder was to remove political obstacle upon the orders of party supremo i.e. Altaf Hussain who is still absconding and has got no courage to face the allegations by appearing before court. All the events and facts which were in the sole knowledge of two accused were brought forward in the confessional statements and the same were then corroborated by the oral as well as documentary evidence produced before court.

“In the present case, the accused who all are holding nationality of Pakistan by their acts are liable for exemplary punishment because they have tried to defame our motherland before the international community as the pre-planned murder of an innocent person was carried out in very organized manner in city of London having great importance”, the court declared.

Published in Dawn, June 19th, 2020