An anti-terrorism court (ATC) acquitted the prime suspect former police officer Rao Anwar in the Naqeebullah murder case as three findings – out of the total seven – were not proved and one related to his direct involvement was “disproved”.
“I am of the considered view that the prosecution since has failed to bring home guilt of the accused beyond any reasonable doubt,” said the judgment order authored by ATC judge Rashid Mustafa Solangi.
The 43-page document said that it is not necessary that there should be many circumstances creating doubt for giving the benefit of the doubt to an accused. “One single circumstance leading towards the real doubt is sufficient to acquit the accused in the custody.”
The court also acquitted 17 others along with Anwar. It ordered for issuing of perpetual warrants against seven absconding accused.
You can see the timeline of the case here.
| S.No. | Points | Findings |
|---|---|---|
| 1 | Whether Naqeebullah, Muhammad Ishaque, Nazar Jan, and Muhammad Sabir were killed on 13.01.2018 in declared fake police encounter followed by registration of police FIRs which were disposed of in B-Class? | In affirmative |
| 2 | Whether on 3rd or 4th of January 2018 deceased Naseebullah along with his two friends namely Muhammad Qasim and Hazrat Ali were abducted from Agha Gulsher Hotel, Chapel Garden, Abu-ul-Hassan Isfahani road, Karachi? | Not proved |
| 3 | Whether the deceased Naqeebullah, Hazrat Ali and Muhammad Qasim were after their abduction detained at police post Abbas Town and were tortured thereafter Hazrat Ali @ Muhammad Qasim were released while deceased Naqeebullah was handed over to accused Rao Anwar by co-accused Ali Akbar and others? | Not proved |
| 4 | Whether present accused on 13.01.2018 directly participated in the incident of firing at the deceased and having killed Naseebullah, Muhammad Ishaque, Nazar Jan and Muhammad Sabir? | Disproved |
| 5 | Whether present accused have added or abated the killing of four persons namely Naqeebullah, Muhammad Ishaque, Nazar Jan and Muhammad Sabir | Not proved |
| 6 | Whether the present accused have the weapon and explosive purportedly recovered from the above named deceased persons to pretend the false encounter to be genuine encounter i.e. FIR No.120/2018. | As under |
| 7 | What should the judgment be? | The accused are acquitted |
The judgment, which was announced on Monday, quoted a line from an older case that the “mistake of Qazi (judge) in releasing a criminal was better than his mistake in punishing an innocent”.
“Courts cannot be blamed if the executive/police fail in their duty,” ATC judge Solangi wrote, adding that evidence collected by executive or police must be evaluated according to the laws and rules and judicial standards.
“Government has to ensure that cogent evidence to support prosecution is collected and presented in the court. Since the sufficient evidence in terms of reliability, cohesion, trustworthiness has not been collected nor produced regarding happening of incident of abduction of abductees Hazrat Ali, Muhammad Qasim and deceased Naqeebullah, no sufficient reliable evidence beyond reasonable shadow of doubts regarding participation of the present accused in the fake police encounter and their sharing of common intention with absconding accused is produced, the right of benefit of doubt cannot be withheld even in high profile cases like this one.”
The judgment discussed a host of failures on the part of the prosecution. This failure eventually benefitted Rao Anwar and other policemen.
