Naqeeb murder case shifted to another ATC.

KARACHI -- The Sindh High Court (SHC) on Tuesday moved two cases regarding killing of Naqeebullah Mehsud and three others in a fake encounter to anti-terrorism court (ATC) No-III for further proceeding.

A day-earlier, Chief Justice Ahmed Ali M Sheikh ordered to shift the cases pertaining fake encounter against suspended SSP Rao Anwa, from ATC No-II to another court.

Suspended SSP Malir Rao Anwar, then DSP Qamar Ahmed Shaikh, and their 10 detained and 14 absconding subordinates have been booked for allegedly killing four men, including Mehsud, in a fake shoot-out in Shah Latif Town on January 13 this year and, separately for foisting fake recoveries of illicit arms and explosives on the victims.

The order was passed on a petition filed by Muhammad Khan, father of Naqeebullah Mehsud who had shown no confidence in the ATC-II judge and had pleaded to transfer the cases relating to his son's murder to another court.

The petitioner had submitted that the trail court of ATC provided undue benefit to the accused by not passing orders on his objections and that he had concerns that the presiding officer of the ATC would not be able to act fairly and impartially while deciding the case.

The petitioner's counsel Advocate Faisal Siddiqui had submitted that the trial court had approved the suspects' bails without hearing the complainants and without taking the evidence into consideration. He added that the main suspect, Anwar had been provided VVIP and discriminatory treatment and for not a single day was he confined to prison; rather, his house was declared a sub-jail.

The lawyer had contended that the trail court had lost its credibility by allegedly providing benefits to the accused party.

The joint investigation team (JIT) had also found that the Naqeebullah and three others had been falsely implicated and were killed in staged encounter.

In his prior arguments, the petitioner's lawyer, had submitted that the trial court had developed a bias in favour of Anwar and his subordinate officers, and that bias was apparent from the fact that the presiding officer had to date failed to consider and pass any order on the written objections filed by the applicant.

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