MPA murder case: PHC dismisses appeal against acquittal of TNSM chief, others

PESHAWAR: The Peshawar High Court (PHC) on Tuesday dismissed the state (provincial government) appeal against acquittal of Tanzeem Nifaz Sharait-i-Muhammadi (TNSM) chief Maulana Sufi Muhammad and his associates in the terrorism and murder case of a former MPA.

Interestingly, the appeal was filed in 2012 some six years ago after they were acquitted in terrorism charges in the case registered in 1994. A two-member bench comprising Justice Ikramullah Khan and Justice Ghazanfar Khan dismissed the state appeal after hearing arguments from both the sides.

The appeal was filed through Secretary Home and Tribal Affairs, Additional Chief Secretary Home, Director General Prosecution KP and Deputy Director Legal of Directorate of Prosecution against the acquittal of TNSM chief Sufi Muhammad and his 22 associates including Muhammad Ibrahim, Shamsul Qamar, Sher Zaman, Zaid Khan, Said Rehman and others.

The state had challenged the anti-terrorism court’s order issued on August 11, 2012 against acquittal of Sufi Muhammad and others who were charged under sections 302, 324, 109, 121-A, 122, 148, 149, 120, 486, 471, 124-A read with section 7 of Anti Terrorism Act registered on November 3, 1994 at Mingora.

Muhammad Ayaz Khan, counsel for some of the acquitted persons, submitted before the bench that the case was registered in 1994. He said the anti-terrorism court had acquitted them. He said the court had made the observation that once the state withdrew the charges against the accused after a peace deal so restoring the cases was against the law.

As per the state appeal, it was stated that one Ayub Khan reported to the police on November 3, 1994 at casualty ward of Saidu Sharif Hospital that he along with the PPP MPA Badiuzzaman were busy at the reception arranged for the then chief minister.

It was stated in the FIR that they proceeded towards Buner where the accused belonging to TNSM blocked the road and when they reached a petrol pump at Odigram the accused stopped them and did not allow them to move ahead.

It said that the accused took them to the TNSM office situated at Airport Road and there they met TNSM elders and upon consultation they were taken to a hotel at Madina Road. It said the accused had besieged the hotel. “In the meantime some altercation took place between the MPA Badiuzzaman and the accused. The accused started firing at them and the MPA and another Atabar Khan were injured and later succumbed to injuries at hospital.