The Sindh High Court on Monday issued notices to the registrar of anti-terrorism courts, as well as to a suspect involved in private university student Mustafa Amir’s kidnapping and murder case, on prosecution applications against refusal of police remand of the prime suspect and for the constitution of a joint investigation team by the ATC.
Filing applications against the anti-terrorism court’s order which refused police remand of the suspect and constitution of a joint investigation team in the case, acting prosecutor general Muntazir Mehdi submitted that the ATC erred in its impugned order for not granting police remand of suspect, thus depriving police of the opportunity to investigate the suspect.
The acting prosecutor general submitted that police have the right to investigate the suspect involved in the kidnapping and murder case of a student and the impugned order for not granting police remand is unlawful.
He said there was no request for the constitution of a joint investigation team and the ATC order for the constitution of a JIT is unlawful and without lawful authority. He said the case is already being investigated under a senior police officer and the ATC has no jurisdiction to constitute to pass such an order. The high court was requested to set aside the impugned orders of the ATC and allow the prosecution application for police remand of the suspect for an investigation in the case.
A high court division bench, headed by Justice Zafar Ahmed Rajput, after the preliminary hearing of the applications, issued notices to the ATC registrar as well as the superintendent of the central prison to ensure appearance of the suspect Armughan before the court on Tuesday.
The court also directed the ATC registrar to appear before the court along with record and proceedings of the kidnapping, possession of illegal weapons and attempt to murder and police encounter cases against the suspect registered at the Darakhshan and AVCC police station.
The prime suspect of the case Armughan had been arrested by the police on charges of kidnapping and murdering 23-year-old BBA student Mustafa Amir in a cold blood. The prosecution alleged that the suspect along with a co-accused kidnapped Mustafa Amir on January 6, killed him after confining him to an undisclosed location and burnt his body in his vehicle near the Hub area.
The SHC also disposed of petition filed by the mother of Mustafa Amir with regard to disappearance of her son as the court was informed that Mustafa had been murdered. Wajeeha Amir, mother of Mustafa, had said in the petition that her son was missing since January 6 and his whereabouts were unknown. Her counsel informed the court on Monday that the missing person has been found murdered. He did not press the petition.