SHC dismisses bail plea of three accused in sectarian violence, killing case

The Sindh High Court has dismissed the bail application of three persons accused of being involved in sectarian violence and a murder.

The accused – Syed Ghani Shah, Gul Nabi Shah and Noor Zameen – were arrested for murdering Noor Ferozi and injuring a few others in an incident of sectarian violence in Shah Faisal last year.

According to the prosecution, the complainant Mohammad Ali Ferozi, alleged that the bail applicants, who belonged to a different sect, along with others had attacked Noor and others with weapons, leaving them injured, over a disagreement on hoisting of flags on the eve of 12 Rabiul Awwal in Natha Khan Goth in November last year. Noor later died in the hospital, the prosecution stated.

However, the counsel for the accused submitted that his clients were innocent and were falsely implicated in the case by the complainant. He claimed his clients, who were seeking bail, had nothing to do with the said incident.

The counsel further said that the bail applicants neither caused any injury to the complainant party nor any incriminating article had been recovered from their possession. He claimed the complainant had made up the story of the attack and named his clients in the case six days after the crime occurred.

In his argument, the deputy prosecutor general strongly opposed the men’s bail plea on the ground that charges have been framed against them before the trial court and prosecution witnesses had implicated them in the crime.

He submitted that the allegations against the applicants are that they attacked the complainants over sectarian rivalry with common intention. The SHC division bench headed by Justice Khadim Hussain M Sheikh observed that it is an admitted fact that the names of the applicants are in the FIR, they all jointly attacked the complainant party, which resulted in the death of Noor Ferozi and that three other eyewitnesses were injured when they were fixing miniature flags to celebrate 12 Rabiul Awwal, which shows that it is a sectarian crime as was surfaced during investigation.

The court further stated that statements of eyewitnesses were recorded under Section 161 of the Criminal Procedure Code and they all have supported the prosecution case. The bench then dismissed the applicants’ bail plea and directed the trial court to decide the case on its own merits strictly in accordance with the law.