ATC judge sees ‘ambiguity’ in Malir jailbreak case, rejects police plea for 115 suspects’ remand

Karachi: An anti-terrorism court (ATC) on Thursday turned down the police's request for physical remand of 115 suspects who were allegedly recaptured after escaping from District Prison Malir.

Investigating Officer Suleman Abbasi produced 115 suspects before the ATC-XVII's presiding officer, who is also the administrative judge of the ATCs, and sought their physical remand for interrogation. The IO stated that the suspects are required to be interrogated about the remaining absconding inmates.

After hearing the IO, the judge said he did not find any reason to hand over the custody of the suspects/ recaptured prisoners to the IO on police remand because firstly they were already under-trial prisoners (UTPs) in other cases, secondly no specific or individualized role had been attributed to each of them, and thirdly, no fresh recoveries or evidence was shown to be dependent upon their custodial interrogation.

"It is further noticed as it seems that IO has brought this matter so haphazardly as nor he brought proper jail record duly signed by the concerned jail authorities showing all UTPs as listed in this FIR and surprisingly he initially submitted the record of one hundred eighteen (118) arrested UTPs but then altered with his own pen the number as one hundred fifteen (115) UTPs, whereas memo of arrest showing one hundred eighteen (118) arrested UTPs and IO also altered too one hundred fifteen (115) UTPs," he noted.

The judge said that the IO failed to produce the case diaries, witnesses, recovered case property and injured police official's medical record. "It is also found not convincing that as per IO this huge number of UTPs got arrested from outside the jail after the jailbreak," he added.

When the suspects were questioned how they were arrested, the judge noted, "all of them replied that they have not broken the jail as due to earthquake when one roof of the jail fell down and it broke one wall partially, they sought help from jail police who were themselves trying to reach at secure and safe place [be]cause of earthquake results".

"They further added that we all got outside and then we all get back to the jail when condition came to normal and now jail police shown us being arrested and this brings certain ambiguity as to the crime as to be happened and is shown as alleged."

The judge observed that it showed weak administration on the part of jail authorities too. He, therefore, remanded the suspects in judicial custody in the interest of justice and directed the IO to produce the final investigation report before July 1.

He further directed the IO to bring all relevant record and proper list of arrested UTPs by the jail authorities on next hearing.

An FIR has been lodged at the Shah Latif Town police station under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 324 (attempted murder), 395 (punishment for dacoity), 427 (mischief causing damage to the amount of fifty rupees) , 224 (resistance or obstruction by a person to his lawful apprehension), and 34 (common intention) read with Section 7 (punishment for acts of terrorism) of the Anti-Terrorism Act 1997.