Another court turns down CTD’s request for physical remand of 12 cops

Another court on Friday turned down the Counter-Terrorism Department’s (CTD) request for physical remand of the 12 policemen arrested in the aftermath of the jailbreak of two Lashkar-e-Jhangvi (LeJ) terrorists.

After hearing the arguments of the state’s attorney and lawyers for the accused policemen, Additional District and Sessions Judge (East) Moeen Bano Sudhar did not allow the CTD to take the custody of the suspects.

The CTD also incorporated Section 7 of the Anti-Terrorism Act (ATA), 1997 in the plea this time but the court did not consider arguments tendered by District Public Prosecutor (East) Javed Akhtar.

Pleading the case of the detained policemen, Advocate Amir Mansoob Qureshi said the case against the cops was not registered under the provisions of terrorism.

Since another court had already sent the suspects on judicial remand, the CTD’s plea should be turned down, he said, adding that all 12 accused had also filed bail applications.

But prosecutor Javed Akhtar said the accused were sent to prison on judicial remand because the investigation officer (IO) in the case, Sub-Inspector Saleem, had dishonestly prepared a report under Section 167 and the IO was later suspended and demoted for committing this offence.

Akhtar said the two terrorists who escaped from the central jail’s judicial complex were vicious criminals and they belonged to a terrorist outfit known as Naim Bukhari Group. The court was also informed that all 12 accused had been sent to prison judicial remand till June 29.

Earlier on Saturday, an anti-terrorism court (ATC) also turned down the CTD’s request for physical remand of the cops.

Shaikh Mohammad Mumtaz – also known as Firaun, Sher Khan, Shahzad and Bhai – and Mohammad Ahmed Khan, alias Munna, escaped from the judicial complex of the Central Jail Karachi on June 14. Prison Superintendent Ghulam Murtaza Shaikh, Deputy Superintendent Faheem Memon, Assistant Superintendent Abdul Rehman Shaikh, Assistant Sub-Inspector Faroosh Mohammad, Special Police Commando Nawab Ali, and police constables Atta Mohammad, Mohammad Amir, Abdul Ghaffar, Saeed Ahmed, Mohammad Sajjad, Tagial and Nadir Ali were subsequently arrested for “negligence”.

They were produced before the court of the judicial magistrate (No 28-East) by the investigation officer, who is incharge of the New Town police station. The accused were sent to prison on judicial remand.

When the CTD approach the ATC on Saturday, the ATC’s administrative judge told the counter-terrorism officials that the 12 policemen had already been remanded to the New Town police by Judicial Magistrate (East) Khalid Rajpar so they could not be remanded again. The ATC said that since the investigating officer had not requested for physical remand, the lower court sent them to prison on judicial remand. The judge also underlined the fact that the case against the policemen was not registered under the provisions of terrorism.