Mulla Nisar acquitted in three more police encounter cases

A sessions court on Tuesday acquitted an alleged Lyari gangster in three more cases pertaining to police encounters due to lack of evidence.

This latest acquittal follows on the heels of his exoneration in five identical cases last week. Muhammad Salam alias Mulla Nisar alias Nisar Ahmed moved applications before Additional District and Sessions Judge (South) Abdul Hafeez Lashari seeking his acquittal in three cases under Section 265-K of the Criminal Procedure Code (CrPC).

The judge, who heard the cases in the judicial complex inside the central prison, announced his order after hearing arguments from both sides, allowing the accused's applications. "Accused Mulla Nisar is hereby acquitted under Section 265-K CrPC," ruled the judge.

The Section 265-K empowers a trial court to acquit an accused at any stage of the proceedings if the court concludes that there is no probability of conviction based on the evidence presented or likely to be presented during the trial.

The judge also allowed an acquittal application filed by co-accused Siraj Meer in one of the cases. According to defence counsel Abid Zaman, Mulla Nisar still has ten cases pending against him, including one case before a sessions courts while around nine others before an anti-terrorism court.

Earlier, the counsel argued that the accused was nominated in the FIR on the basis of a confessional statement given by a co-accused, which itself was not admissible or valid evidence as per the Qanoon-e-Shahadat Ordinance, 1984.

He stated that there was no probability of conviction of the accused in these cases as the proceedings were nothing but only to waste the precious time of the court. "There is no evidence available on record to connect the present applicant with the commission of the alleged offence," the counsel said, pleading with the judge to acquit him in these case.

The cases were registered at the Kalakot and Kalri police stations under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 324 (attempted murder), 186 (obstructing public servant in discharge of public functions), and 34 (common intention) of the Pakistan Penal Code.