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Petitioner: Nisar Ahmed and two others VS Respondent: Qari Ahmed Khan
Court Name: Lahore High Court Judge(s): Raja Shahid Mehmood Abbasi, Sadiq Mahmud Khurram Title: Nisar Ahmed and two others vs Qari Ahmed Khan Case No.:(1) Capital Sentence Reference No.4-RWP of 2009 (2) Criminal Appeal No.
JUDGMENT
Reported As: 2020 LHC 3162 Result: N/A Judgment JUDGMENT SADIQ MAHMUD KHURRAM, J. Qari Ahmed Khan, Moulvi Muhammad Siddique, Noor Badshah, Muhammad Suleman alias Zohair , Nisar Ahmad, Abdul Basit and Abdul Monim (convicts) were tried by the learned Judge, Special Court-II, Anti-T errorism, Rawalpin di alongwith their co-accused, namely Qari Muhammad Suleman son of Muhammad Azam (since acquitted) in case FIR No. 215 of 2004 dated 30.07.2004 registered at Police Station Fateh Jang District Attock in respect of offences under sections 302,324, 120-B,148,147,149 and 109 PPC., under section 7 of the Anti-T errorism Act, 1997 and under sections 4 and 5 of Explo sive Substances Act, 1908 for conspiring to murder Mr. Shaukat Aziz, a candidate in the elections for the seat of the member of National Assembly from the constituency NA. 59, Attock and being complicit in the suicide blast resulting in the deaths of as many as seven persons (Abdul Rehman, Liaquat Khan, Majid Shah, Moula Bakh sh, Fida Muhammad, Rasheed Muhammad and Muhammad Bashir) and injuries to forty seven persons.The learned trial court vide judgment dated 22.05.2006 convicted Qari Ahmed Khan, Moulvi Muhammad Siddique, Noor Badshah, Muhammad Suleman alias Zohair , Nisar Ahmad, Abdul Basit and Abdul Monim (convicts) and sentenced them as under: Qari Ahmed Khan: i) Death under section 120-B PPC read with section 7 (a) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.500,000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; ii) Rigorous Imprisonment for ten years under section 120-B PPC read with section 7 (c) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.100, 000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; iii) Rigorous Imprisonment for two years under section 120-B PPC read with section 427 PPC.
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The convict was ordered to be hanged by his neck till dead. Moulvi Muhammad Siddique: i) Death under section 120-B PPC read with section 7 (a) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.500,000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; ii) Rigorous Imprisonment for ten years under section 120-B PPC read with section 7 (c) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.100,000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; iii) Rigorous Imprisonment for two years under section 120-B PPC read with section 427 PPC. The convict was ordered to be hanged by his neck till dead. Noor Badshah: i) Death under section 120-B PPC read with section 7 (a) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.500,000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; ii) Rigorous Imprisonment for ten years under section 120-B PPC read with section 7 (c) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.100,000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; iii) Rigorous Imprisonment for two years under section 120-B PPC read with section 427 PPC. The convict was ordered to be hanged by his neck till dead. Muhammad Suleman alias Zohair: i) Death under section 120-B PPC read with section 7 (a) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.500,000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; ii) Rigorous Imprisonment for ten years under section 120-B PPC read with section 7 (c) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.100,000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; iii) Rigorous Imprisonment for two years under section 120-B PPC read with section 427 PPC. The convict was ordered to be hanged by his neck till dead. Nisar Ahmad: i) Imprisonment for life under section 120-B PPC read with section 7 (a) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.500,000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; ii) Rigorous Imprisonment for ten years under section 109 PPC read with section 7 (c) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.100, 000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; iii) Rigorous Imprisonment for two years under section 109 PPC read with section 427 PPC. The convict was extended the benefit available under Section 382-B of Code of Criminal Procedure, 1898 (hereinafter referred to as "Cr .P.C.).". Abdul Basit: i) Imprisonment for life under section 120-B PPC read with section 7 (a) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.500,000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; ii) Rigorous Imprisonment for ten years under section 109 PPC read with section 7 (c) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.100,000/- and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; iii) Rigorous Imprisonment for two years under section 109 PPC read with section 427 PPC. The convict was extended the benefit available under Section 382-B of Code of Criminal Procedure, 1898 (hereinafter referred to as "Cr .P.C.).".
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Abdul Monim: i) Imprisonment for life under section 120-B PPC read with section 7 (a) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.500,000/- each and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; ii) Rigorous Imprisonment for ten years under section 109 PPC read with section 7 (c) of the Anti-terrorism Act, 1997 and directed to pay fine of Rs.100,000/- each and in case of default thereof, the convict was further directed to undergo one year of rigorous imprisonment; iv) Rigorous Imprisonment for two years under section 109 PPC read with section 427 PPC. The convict was extended the benefit available under Section 382-B of Code of Criminal Procedure, 1898 (hereinafter referred to as "Cr .P.C.).". The co-accused of the convicts namely Qari Muhammad Suleman son of Muhammad Azam was however acquitted by the learned trial court. 2. Feeling aggrieved, Qari Ahmed Khan, Moulvi Muhammad Siddique and Noor Badshah (convicts) lodged Criminal Appeal No. 250-T of 2006 assailing their conviction and sentences. Muhammad Suleman alias Zohair (convict) lodged Criminal Appeal No. 254-T of 2006 assailing his conviction and sentences. Nisar Ahmad, Abdul Basit and Abdul Monim (convicts) lodged Criminal Appeal No. 226-T of 2006 assailing their conviction and sentences. The learned trial court submitted Reference under section 374 Cr.P.C. read with section 30(2) of Anti- Terrorism Act, 1997, which has been numbered as Capital Sentence Reference No. 04-R WP of 2009, for confirmation or otherwise of the death sentences of Qari Ahmed Khan, Moulvi Muhammad Siddique, Noor Badshah and Muhammad Suleman alias Zohair (appellants). We intend to dispose of the Criminal Appeal No. 250-T of 2006, Criminal Appeal No. 254-T of 2006, Criminal Appeal No. 226-T of 2006 and the Capital Sentence Reference No.04- RWP of 2009 through this single judgment. 3. Precisely the facts necessary , as stated by Riaz Hussain Inspector/S.H.O. (PW-49), the complainant and the Investigating Of ficer of the case, are as under:- "On 30.07.2004 the then finance Minister Mr. Shaukat Aziz had the address a jalsa at Jafer in connection with by- election in NA 59 Attock City in which he was a candidate. Elite force and police officers from other districts in the range had also been deputed apart from the police of Attock District for security and arrangements regarding the said jalsa. I was also present in the jalsa gah on duty. The participants of the jalsa were about 3000. It started at about 6.15 p.m and ended at about 7.15 p.m. After the jalsa. Mr. Shoukat Aziz, Mr. Tahir Sadiq District Nazim and Col/Malik Anwar provincial Minister sat in car No. 8083 IDF Mercedes. The driver started the car. The other persons also sat in their cars. The police officers and escort staff also started taking seats in their vehicles. Some police staff in uniform and plain clothes was present near the car of Mr. Shouket Aziz for security reasons and for taking out the car out of rush. The car of the Minister travelled about ten yards distance when a young man suddenly dashed himself with the left door of the car. It was driving seat of the car. There was a loud explosion. The said person had explosive on his body . The driver of the car namely Abdul Rehma n was seriously injured in the explosion. He expired at the spot. The suicide attacker was also killed. His organs scattered in the area. I with the help of DPO Attock and others took out the Minister from the car and took him immediately alongwith his companions to the back side of the pand al and cordoned them. The vehicles of Zila Nazim and Finance Minister were also damaged at the spot. Majeed Shah, Moula Bakhsh, Fida Muhammad, Liaqat Khan and Habib were seriously injured and they were immediately sent to the hospital. Except Habib, the other four succumbed to the injuries subsequently . Abdul Ghafoor Afridi ASP, Khurshid Ahmed Inspector , Kamal Hussain Shah ASI, Muhammad Asghar , Mulazim Hussain, Abdul Hameed, Ghulam Mustafa police constables and many others were injured in this occurrence. They were sent to different hospitals for treatment. This was a Sabotage against the country by terrorists and was terrorism (under object ion). I drafted complaint Ex.PC regarding this occurrence adding Section 7 ATA also and sent it to the PS for registration of the case through Mehboob Ahmed Constable. I deputed Nisar Ahmed ASI to got to Civil Hospital for post mortem of the dead bodies and for treatment of the injured persons, from P.S. I remained at the spot. From the place of occurrence, I sent Muhammad Aslam ASI to the hospital to assist Nisar Ahmed ASI in civil hospital. I cordoned the place of occurrence by placing constables at different
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places and using ropes. The generator was on at the place of occurrence. Had lights of the vehicles were also on. The constables had also torche(sic). I prepared inquest report Ex.PP and application for post mortem Ex.PO of Abdul Rehman deceased and sent his dead body to the hospital for p.m. examination through Mubashir Ahmed constable. Muhammad Akram ASI, and Muhammad Afzal ASI were sent with the dead body for security and for identification of the dead body . I recorded statement of Mr. Shouket Aziz u/s 161 Cr.PC. Mehmood Ahmed constable came back from the P.S. alongwith original complaint ant copy of FIR. I sent the limbs of unknown suicide attacker to civil hospital Fateh Jang for p.m, examination under the escort of Abdul Rehman constable after preparing inquest report Ex. PR and application for p.m. Ex.PQ. Mehmood Ahmed and Zafer Iqbal constables were sent to escort the limbs and for identifica tion. Abdul Khaliq of village Gulial informed me that Habib injured was alive and was admitted in PIMS Islamabad (under objection). I inspected the place of occurrence in presence of the witnesses. During my spot inspection, Muhammad Yousaf SI PW informed me that Rasheed injured of this occurrence expired in DHQ hospital Rawalpindi (under objection). I collected blood from the seat of the car where Abdul Rehman deceased was injured with the help of cotton swabs through recovery memo Ex. PRRRR and sealed it into parcel. I secured blood from the place of injury of Majeed Shah deceased through recovery memo Ex.PSSSS and sealed it into the parcel. Blood from the place of injury of Liaquat deceased was taken into possession through recovery memo Ex.PTTIT and was sealed into parcel. Blood from place of injury of Fida deceased was taken into possession through recovery memo Ex.PUUUU and was sealed into parcel. Blood from the place of injury of Moula Bakhsh deceased was taken into possession through recovery memo Ex.PVVV and sealed into parcel. Blood from place of injury of Rasheed deceased was taken into possession through recovery memo Ex.FWWWW and was sealed into parcel. Blood was secured from the place where right leg of suicide attacker was found. It was taken into possession through recovery memo Ex.PXXXX and was sealed into parcel. A partly damaged hand grenade P-70 was recovered from the place of occurrence which was taken into possession through recovery memo Ex.PYYYY and was sealed into parcel. Two tubes containing mercury Ex.PV 71/I-2 and wires were recovered from the place o occurrence through recovery memo Ex.PVVVVV and sealed into parcel.125 pellets were recovered from the place of occurrence which were taken into possession through recovery Ex.PZZZZ and sealed into parcel P72. 17 small pieces of iron were recovered from the place of occurrence through recovery memo Ex. PAAAAA and sealed into parcel P73. Some Burnt wires were recovered from spot through recovery memo Ex.PCCCCC and sealed into parcel P74. Cars No. IDF 8083, 9239 LEG, Land Cruiser No. 591 IDN and land cruiser No. 9347 STB were taken into possession through recovery memo Ex. PDDDDD, PEEEEE, PFFFFF and PGGGGG. Broken parts etc of the vehicles were taken into possession through recovery memo Ex. PHHHH. They are in the shape of Bundle P75. Blood stained torne cloths of the suicide attacker including collar P1 of his shirt having sticker of Arif Tailor Attack City were recovered from the spot and were taken into possession through recovery memo Ex.PJJJJJ. I prepared site plans without scale, Ex. PHHHHHHH of the place of occurrence in which marginal notes are in my hand. It is signed by me. Muhammad Haneef draftsman inspected the place of occurrence in my presence and in presence of the witness and took rough notes on our pointation. He prepared site plan Ex.PQQQQ and Ex. PQQQQ/1, and handed over the same to me on 4.8.2004. I gave marginal notes in red ink, in the said site plan. I prepared recovery memo Ex. PQQQQ/3. After P.M examination of Abdul Rehman deceased, Mubashir Ahmed constable brought p.m. repot and last worn clothes of the deceased alongwith two sealed phials which were taken into possession through recovery memo Ex.P SSS. After post mortem of the remains of the dead body of the suicide attacker , Abdul Rehman constable brought p.m reports alongwith a 'pancha'of shalwar P-76, remains of dead body . I took the same into possession through recovery memo Ex.PRRR. Tahir Iqbal photographer took photo graphs of different poses of the head of the suicide attacker . He prepared photographs P2/1-3, P3/1-2, P4/1-2 and produced the same to me which were taken into possession through recovery memo Ex. PAAAAAAA. I handed over two arms and two legs of Suicide attacker to Abdul Rehman constable for taking them to Municipal Committee for burrial. The head of suicide attacker was sent to civil hospital Fateh Jang through Waheed Akhtar and Javed Iqbal constables for safe custody and identification (under objection). I went to civil hospital Fateh Jang, Ghulam Abbas constable met me in the Civil Hospital. He produced before me p.m. report alongwith signed shirt P7 and shlwar P8 of Moula Bakhsh deceased which were taken into
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possession recovery memo Ex.pE. signed clothes of Liaqat deceased shirt P9, Shalwar P10 and bunyan P11 were produced through recovery memo Ex.PF . Qamiz P12 and Shalwar P13 of Fida Muhammad deceased were produced by him through recovery memo Ex.PG. Ayub constable handed over to me MLRs and applications/injury statements of the injured persons. The said applications were prepared by Nisar Ahmed ASI who had given the same to him (under objection). Muhamma d Arif Tailer PW of Attock City appeared before me. He saw Collar P1 and also0 photographs of the face of suicide attacker P2/1-3, P3/1-2 and P4/1-2. He also saw his register and identified the suicide attacker as Zeeshan for whom he had stitched the clothes, collar of which was Ex.P1. He produced his register P5 before me which was taken into possession through recovery memo Ex.PA. I went to DHQ hospital Rawalpindi, where Nisar ASI met me. He produced before me inquest report and injury statement of Rasheed deceased and injury statements of 14 injured persons and 2 zimnies recorded by Muhammad Yousaf SI of PS Ganjmandi. Nisar Ahmed Injured constable and Sher Khan injured PW produced their MLRs before me. I came back to the P.S. The case property was handed over to the moharrer . I added Sections 147,148,149,149 PPC. I had recorded statements of the witnesses of different events of investigation at relevant time. Nisar Ahmed, Abdul Basit, Abdul Munam sons of Qari Bashir Ahmed, Moulvi Imtiaz, Usman of Pindi Seral, Zeeshan suicide attacker and three unknown persons were found involved in this occurrence in view of the investigation conducted so far. (under objection). On 1.8.2004 I conducte d raid on the houses of Nisar Ahmed, Abdul Basit and Abdul Munam but they were found absent from their houses. I went to PIMS and from there I sent constable Sultan Ahmed to fetch the head the suicide attacker from civil hospital Fateh Jang and directed him to reach CMH, Rawalpindi and wait for me there. Nisar Ahmed ASI handed over to me injury statements and MLRs of 13 injured persons in PIMS Islamabad. I reached CMH Rawalpindi where Sultan Ahmed constable was present with the head of Zeeshan suicide attacker . The head was placed in CMH for custody and for further identific ation. I went to RGH Rawalpindi where Nisar Ahmed ASI produced before me two injury statements alongwith MLRs. I recorded statements of the relevant witnesses. On 2.8.2004 Dr. Tariq of Police Dispensary handed over to me a sealed parcel containing material collected from remains of dead body of suicide attacker . I sent it through Bashir SI to Bio Medical Gen, Engg. Division, AQ Khan Laboratory for DNA test. I came to village Awanpur and searched for the accused Nisar , Basit and Munam but they could not be traced. Bashir ASI came back after delivering the parcel in the laboratory and made statement before me. I went to Pindi Seral and searched for the accused Moulvi Imtiaz and Usman but they were not traced. I recorded statement of Iftekhar Hussain Shah PW in chowk Fateh Jang. On 3.8.2004 Muhammad Akram ASI was deputed to trace the particulars and ownership of motorcycle No. 1323 CHA from Excise Office Chakwal. Iftekha r r/o Tallagang was found owner of the said motorcycle who was traced but he could not be found. (under objection). I obtained print record of mobi link telephone numbers 0300-5204368 from Nasir Rasheed Butt Coordination Manager , Islamabad. The print record is P23/1-5 and it was taken into possession through recovery memo Ex.PBBB. I recorded statements of the witne sses. It was taken on 6.8.2004. On 8.8.2004 I obtained print record of mobile telephone No. 0300-5140703 from Mobi Link Office Islamabad, The print record is Ex.P24/1-12. The recovery memo is Ex.PWWW . I recorded statements of the witnesses. I went to PS Hazro where I recorded statement of Amir Zaman SI/SHO. I went to Madressa Muhammadia Qasimul Uloom. I took into possession a register from the madressa Ex.P22 through recovery memo Ex.PXXX, Mobile telephone Nos. 0300-5204368, 0300-5140703 and 0300-5564869 and other telephones numbers were written on one page of the said register . I recorded statement of Mehmood Ahmed constable. On 10.8.2004 I obtained print record of telephone No. 05774 410330 from telephone department. The print record is P25/1-4. Recovery memo is PYYY . I recorded statements of the witnesses. On 11.8.2004 Muhammad Akram ASI I sent Muhammad Akram ASI to inquire about motorcycle No. 1323 to Tallagang. He informed me that Iftekhar r/o Tallagang had sold the said motorcycle to Iftekhar r/o Drabi who could not be traced. On 12.8.2004 I obtained print record of mobile telephone No. 0300-5288387 Ex.P68/10-14. Recovery memo Ex.PKKKKK was prepared in this behalf. I also obtained print record of telephone No. 0300-5564869 Ex.P68/1-9
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from the concerned office. Recovery memo Ex.PKKKKK pertains to both the record. I recorded statements of the witnesses. On 17.8.2004 Muhammad Afzal ASI produced before me report of Bomb Disposal Expert. I recorded his statement and Statement of Shah Ferous MHC. On 19.8.2004 Sultan Ahmed constable and Shah Ferdous MHC were examined by me u/s 161 Cr.P.C. regarding the parcel. On 29.8.2004 Muhammad Akram ASI made statement before me regarding sale of motorcycle to Javed Aziz by Iftekhar r/oDharabi (under objection). Two photographs were posted at the Notice Board of P.S. Fateh Jang on 15.9.2004 Muhammad Akram ASI identified one photo as that of Irfan of Lahore and other photo of Umer Aqdas. (under objection). I placed the proclamations on record. Akram ASI had identified the photo of Irfan of Lahore as of the suicide attacker . (under objection). On 19.9.2004 I recorded statement of Khalil ur Rehman Security Sub Inspector . On 20.9.2004 Muhammad Akram ASI was sent to the residence of Irfan of Lahore whose house was found locked. I sent Akram ASI again on 24.9.2004 for verification of correct address of suicide attacker , and for collecting report regarding his parents. I recorded statement of Muhammad Yasin PW on 26.9.2004. The same day Mukhtar Ahmed father of suicide attacker and his mother Mst. Ameena Bibi appeared before me. They identified their son Muhammad Irfan after seeing the photograph of suicide attacker . On 27.9.2004 Dr. Tariq of Police Hospital Rawalpindi obtained blood of the parents of suicide attacker and sealed them into two separate parcels which were handed over to me. I sent them to AQ Khan Laboratory Islamabad thorugh Muhammad Bashir SI for DNA test. The SI came back after delivering the parcels and I recorded his statement. I obtained warrants of arrest of the accused Nisar Ahmed Abdul Masit, Abdul Munam, Moulvi Imtiaz and Usman who had absconded. The application is Ex.PIIIIIII. The warrants of Nisar is Ex.PJJJJJJJ. Warrants Abdul Basit Ex.PKKKKKKK, warrant of Abdul Munam is Ex.PLLLLLLL, the warrant of Moulvi Imtiaz is Ex.PMMMMMMM and warrant of Usman is Ex.PNNNNNNN. They had absconded after the occurrence. I returned the warrants to the court with my reports on their backs and made statement in the court. The reports are Ex.PJJJJJJJ/1 to PNNNNNNN/1. On 11.10.2004 I submitted application for getting proclamation of the said accus ed, and obtained proclamations which were handed over to Sher Baz Constable. I recorded statement of Javed Aziz of Nara on 1.10.2004. He produced before me motorcycle No. CHA 1323 alongwith its registration book and photo copy of sale receipt which were taken into possession through recovery memo Ex.PZZZ. Registration book is Ex.P26 and photocopy of sale receipt is Ex.P27. I recorded statements of the recovery witnesses. I handed over the case property to the moharrer after reaching P.S. The same day Muhammad Bashir SI brought report regarding DNA test which was placed on record. I added Section 109 PPC in view of the material collected during the investigation. On 12.10.2004 Muhammad Ramzan and Nazir informed about the death of Muhamm ad Bashir in PIMS Islamabad. (Under objection). They produced death certificate which was placed on record. I submitted application on 30.10.2004 to the court for recording statements of Javed Aziz, Muhammad Arif, Muhammad Yasin u/s 164 Cr.P.C. After their statements I obtained copies of the same which were placed on record. The application is Ex.PH. (the court time is almost over. The statement of the witness is fairly lengthy . Even the examination in chief cannot be concluded today . To come up on 14.9.2005. Dated: 8.9.2005 PW49 Riaz Hussain xxxxxxxxxx Examination continued. I have heard my previous statement. On 11.11.2004 Nisar Ahmed, Abdul Basit, Abdul Munam, Moulvi Imtiaz and Usman again said their proclamations were obtained earlier which were returned by process server to the court on the said date. I recorded his statement u/s 161 Cr.PC. I obtained warrants of arrest of Qari Ahmed Khan, Moulvi Muhammad Siddique, Noor Badshah and Muhammad Suleman alias Zuhair accused who had absconded after the occurre nce. They were not traceable. I returned their warrants to the court on 22.11.2004, with my reports and obtained their…
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