
The picture shows the facade of the Sindh High Court building. — SHC website/File
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KARACHI: Sindh High Court (SHC) has snatched a judge of the Anti -Terrorism Court (ATC) of administrative powers (ATC), a main accused in the murder case of Mustafa Amir, a major accused in the murder case. –
A two -member bench headed by Justice Zafar Rajput issued a detailed verdict on the matter.
According to the Acting Prosecutor General, it was decided to snatch his powers after the record tampering charges.
The prosecution filed four petitions against the ATC judge, arguing that he had rejected the suspected physical remand request at the initial level.
During the previous hearing, the ATC registrar presented the case record to the SHC, and the current investigating officer told the court that when the police remand was initially approved, the suspect was later this month. Initially, he was sent to jail custody at 7pm.
Justice Zafar observed that physical remand was attacked by the original order and turned into a jail custody.
The court said in its written order that the court records indicated that the investigating officer had presented all the evidence before the ATC’s administrative judge, however, he made physical remand on the basis of the complaint of the suspect’s suspect. Reject the application.
It states that the suspect also complained of police violence during his appearance at the SHC and the medical legal report also indicated the suspected person’s forehead, ear and neck.
However, the report did not confirm whether the numbers were due to police violence.
The decision added that the investigating officer told the SHC that I had waited three hours before the ATC’s presidency judge verbally instructed the IO when he was on that day. The suspect was presented physically. Remand.
“The judge had proper procedures available to give the suspect’s short -term remand while ensuring medical examination. The judge could order a police remand as well as medical examination. The report could be taken when the medical was taken, “the decision was heard.
It was also reported that the magistrate and the presidency judges were accountable to the High Court in cases of irregularities of the procedure. The judge’s orders were not handled by hand, but instead was typed, he added, adding that the presidency judge initially ordered the physical remand of the suspect, but later the fixer of the person. Using it was converted into judicial custody.
Moreover, the decision also mentioned the acting Prosecutor General’s remarks that the suspect’s father was present in the judge’s chamber at the time of the remand decision. It was also noted that no party had requested the establishment of a Joint Investigation Team (JIT).
The verdict announced that the presiding judge does not have the authority to issue such orders. The judge’s decision to convert the police remand to a judicial remand was considered illegal, and the decision to make the JIT was exceeded the boundary.
It may be recalled that Armaghan was arrested on February 8 during a raid at the Defense Housing Authority (DHA) in Karachi by a police anti -violence crime cell.
The encounter, which was a firing between law enforcement and the suspect, highlighted the disappearance and murder of a BBA student, Mustafa, who disappeared on January 6.
During the raid, another suspect named Shiraz alias Shues, besides Irmgan, was also arrested during the raid.
After arrests, the police presented the two suspects to the ATC to seek physical remand for them. However, the court denied the police custody of the prime minister, but took Sheera into custody.
The police then contacted the SHC for Armagne’s custody, which handed over the matter to ATC II for physical remand. Both suspects are in police custody after their remand continuously extended.
Case
The case belongs to the kidnapping and murder of Mustafa, a BBA student, who went missing last month.
Police arrested the suspects during the February 8 raid, however, a week later, Mustafa’s hideout was not detected when authorities revealed that a car near the Hub Check Post a few days after the disappearance of the young man. Some four human remains have been found.
After the discovery in January, the victim’s body was buried by the EDHI Foundation, but a court allowed identification and expulsion for forensic. The preliminary report earlier this week confirmed that the removed body was really Mustafa.
The two suspects, on various occasions, confessed to killing the young man and destroying his body at the same place where the burning car and remnants were discovered.