Indeed. The Sindh High Court itself had freed/acquitted MQM from these accusations.
http://web.archive.org/web/20010621211223/www.dawn.com/2001/06/01/top6.htm
Sindh High Court acquits all accused in Said murder case
By Shamim-ur-Rahman
KARACHI, May 31: The Sindh High Court on Thursday acquitted all the nine accused in the Hakim Said murder case, setting aside the conviction and death sentence awarded to them by an anti-terrorism court on June 4, 1999.
While allowing the appeals against conviction and sentence, the anti-terrorism appellate bench, comprising Justice Ghulam Nabi Soomro and Justice Ataur Rahman, held in its short order that the "appellants are acquitted and should be released forthwith, if not required in any other case".
The appellants were: Shaikh Mohammed Aamirullah, Mohammed Shakir alias Shakir Langra, Mohammed Nadeem alias Nadeem Mota, Mohammed Faisal, Mohammed Zubair, Abu Imran Pasha, Nazar alias Muqarrib, Mohammad Zubair and Ezazul Hasan.
The murder had created a political stir in the country but the short order also demolished the political premise of the prosecution's case. After three months of hearing, the bench announced the short order which reflected its disbelief in investigation, the 164 (Cr.PC) statements, and demolished the prosecution's contentions with regard to recovery of arms and other evidence. It also demolished the political premise of the motive for the murder.
The defence counsel in appeals had argued for the acquittal because the prosecution had failed to prove any evidence, whether they pertained to confessional statement, witnesses' account, ballistic expert's report and evidence about the recovery of empties and finger-prints. On confessional statements the defence had argued that signatures were obtained first on blank paper while contents of the confession were written afterwards and therefore, they were fabricated evidence.
The defence had also argued that if one tainted piece of evidence cannot be corroborated then the whole statement should be rejected. They had also disputed the prosecution's contention with regard to the identification parade. The defence contended that the prosecution had also failed to justify the recovery of empties from the spot and the van.
They had termed the investigation a mere fabrication. The short order left open the question who were the killers of Hakim Said and whether there should be reinvestigation? When the order was announced, defence counsel Azizullah Shaikh, Mahmood Alam Rizvi, Adnan Ahmed and Iqtidar Hashmi were present.
The prosecution was represented by Assistant Advocate-General Habib Ahmed. Special Public Prosecutor M. Ilyas Khan has proceeded on vacations after arguing the prosecution's case. During the course of arguments on May 28, the special prosecutor had disagreed with the conviction of Abu Imran Pasha, Faisal and Muqarrib by the trial court.
After the short order, when the AAG was asked whether he would go in appeal, he said the matter would be decided by the government. On June 4, 1999 the appellants were awarded death sentence by Judge Qamaruddin Bohra of the ATC who had concluded that "prosecution has established their case beyond any shadow of doubt against all the accused persons".
The murder had brought down the coalition between the PML and the Muttahida Qaumi Movement as then premier Nawaz Sharif had implicated some of the members of the MQM in the case.
Nawaz Sharif on Oct 28, 1998 had accused an MPA and seven other activists of the MQM of being involved in the Oct 17, 1998 murder of Hakim Said, and had given them three days to hand over the culprits. Since the MQM had repudiated the allegations the coalition collapsed and a governor rule was imposed on Sindh. As a result of the arrest and subsequent conviction by the ATC, some officers had got shoulder promotion.
First, the case was tried in the ATC but after the creation of Military Trial Courts in December 1998, it was transferred to the MTC where the matter was proceeded till Feb 17, 1999, the day when the Supreme Court had declared them illegal. By that time three witnesses and the investigating officer had been cross-examined.
The matter was again sent to the ATC where the appellants were convicted. Sardar Mohammad Ishaq, counsel for the MQM, filed appeals for seven accused. Iqtidar Hashmi and Mahmood Alam Rizvi were privately engaged to file appeals on behalf of Mohammed Shakir and Abu Imran Pasha, respectively. Later, Barrister Azizullah Shaikh was engaged for Aamirullah, and lawyers Abdul Waheed Katpar and Adnan Ahmed appeared for others as Sardar Ishaq fell ill.
According to law, the appeals should have been disposed of in seven days but due to preoccupation of prosecution lawyers in the Nawaz Sharif case and delay in the preparation of paper book, regular hearing could not commence till March. The bench also dismissed application for the inspection of the location of incident as enormous evidence was already available on record. The application filed by M/s Hamdard for the release of the Hakim Said's car was disposed of with the direction to file it in the trial court.
http://web.archive.org/web/20010621211223/www.dawn.com/2001/06/01/top6.htm
Posted 1 year ago on 22 Jul 2010 20:43
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