Lyari gangster acquitted in encounter case

A sessions court has acquitted an alleged Lyari gangster in an 11-year-old case pertaining to an encounter with police that had left a passer-by dead.

Mullah Nisar, who was initially reported to have ties with chief of the outlawed Peoples Amn Committee Uzair Baloch but later distanced himself, was charged with attacking policemen when they raided in the Lyari area to arrest him and his alleged accomplices on April 27, 2013. A passer-by, Muhammad Naeem, had sustained firearm injuries in the shootout and later died.

Additional Sessions Judge (South) Abdul Zahoor Chandio ruled that the prosecution failed to substantiate its case against the accused beyond shadow of doubt. "The evidence presented is insufficient, contradictory, and fails to connect the accused with the alleged crime in any meaningful way," he observed.

He noted: "The absence of any independent witnesses further diminishes the reliability of the testimony provided by the prosecution's witnesses, who were all members of the police party involved in the case, therefore, the benefit of the doubt must always be extended to the accused if substantial doubts arise in the prosecution's case."

The judge ordered jail authorities to release accused Nisar forthwith if he was not required in any case and put the case against absconding co-accused Fahad Pathan, Yasir Pathan and Shahid Mixpatti on the dormant file.

He observed that complainant of the case, retired Inspector Azam Khan, testified that on the day of the incident, he and his team attempted to apprehend the accused and his alleged accomplices but they retaliated by opening fire. However, he added that in his cross-examination, the complainant admitted that no evidence or record such as forensic analysis of the firearms or bullet empties was presented to confirm that the accused fired shots at the police.

"He also admitted that no private witnesses from the thickly populated area were associated to corroborate the prosecution's version of the events. Furthermore, the complainant conceded that no physical evidence, such as damage to police vehicles or walls, supported the claim of an exchange of fire," the judge said. "These omissions severely undermine the credibility of the prosecution's case."

According to the prosecution, on April 27, 2013, a police party received spy information that Mullah Nisar, Fahad Pathan, Yasir Pathan, Shahid Mixpatti and their other companions involved in gang war were present near Baloch Hall in Chakiwara. On such information, the police team reached the place and was trying to apprehend them when they started firing with intent to kill the personnel. Resultantly, a passer-by, Muhammad Naeem, sustained bullet injuries and when the police retaliated, the accused fled the scene. The injured man had later succumed to his injuries.

An FIR was lodged at the Kalakot police station under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 186 (obstructing public servant in discharge of public functions), 324 (attempted murder), and 34 (common intention) read with Section 302 (murder) of the Pakistan Penal Code.