LHC dismisses appeals of seven convicts

RAWALPINDI: A division bench of the Lahore High Court (LHC) comprising Justice Syed Iftikhar Hussain Shah and Justice Sikandar Zulqarnain Saleem dismissed appeals of seven convicts facing death sentences and life imprisonment for their involvement in a suicide attack on former prime minister Shaukat Aziz.
A suicide attack was carried out during an election meeting in Fateh Jang on July 30, 2004 when former premier was contesting for by-polls from the constituency.Seven persons lost their lives in the attack while 47 got injured.
An anti-terrorism court on March 22, 2005 awarded death penalties to four out of seven, including Qari Ahmed Khan, Maulvi Mohammad Siddique, Noor Badshah and Mohammad Suleman alias Zuhair. While three real brothers including Nisar Ahmed, Abdul Basit and Abdul Munnim were awarded life imprisonment.
All the seven had filed appeals against the judgement of ATC, those were dismissed on Tuesday.Legal counsel for Mohammad Suleman alias Zuhair, Basharatullah Khan Advocate argued before the court that his client was not nominated in the FIR. When he was arrested his statement was not recorded and he was not presented through identified parade. The police however made him record his confessional statement under Section 164 after severely beating him. The prosecution then made him an approver but his client then became hostile to his earlier statement and had told the court that he had confessed this due to torture. The prosecution then brought a witness against his client and implicated him, Basharatullah Khan Advocate told the court.
Legal counsel for another convict Noor Badshah, Malik Rafique Advocate told the court that his client was implicated at the testimony of an eavesdropper who happened to be a passerby. As per testimony of the witness, he heard his client inside a seminary when he (Noor Badshah) was hatching a conspiracy for the murder of Shaukat Aziz. Malik Rafique expressed his astonishment that how come this testimony could be accepted. For testimony of an eavesdropper, there was need for an independent corroboration lacking in this matter.The prosecution however opposed the appeals and adopted that these accused were sentenced after valid evidence.