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Karachi ATC acquits Rao Anwar, others in Naqeebullah murder case

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Karachi ATC acquits Rao Anwar, others in Naqeebullah murder case

Dawn.com | Shafi Baloch | Naeem Sahoutara
January 23, 2023

<p>Former Malir SSP Rao Anwar outside the anti-terrorism court in Karachi. — DawnNewsTV</p>


Former Malir SSP Rao Anwar outside the anti-terrorism court in Karachi. — DawnNewsTV.

An anti-terrorism court in Karachi on Monday acquitted former Malir SSP Rao Anwar and 17 others in the Naqeebullah Mehsud murder case.

In its brief verdict, which was pronounced by ATC XVI judge at the Karachi Central Prison, the court said that the prosecution had failed to submit sufficient evidence against Anwar and other accused persons.

The court took five years to conclude the trial of the murder, which had triggered widespread condemnation and debates on social media about fake encounters in Karachi, particularly by Rao Anwar.


Key developments:

  • Court says prosecution failed to submit sufficient evidence against Anwar, other accused; detailed verdict awaited
  • Anwar says “fake allegations” against him have been proven wrong
  • Lawyer Jibran Nasir says Naqeeb’s family to appeal judgement in high court

The killing of Mehsud, an aspiring model from South Waziristan residing in Karachi, stormed social media with public outcry and sparked countrywide protests by civil society against the state’s failure to arrest the former SSP and his team.

Anwar, along with his around two dozen subordinates, were charged with the killing of Naqeeb and three others after allegedly dubbing them militants linked to the “Islamic State and Taliban” in a “fake encounter” on Jan 13, 2018.

In March 2019, the court had indicted Anwar and his 17 subordinates for the killing four men on the outskirts of Karachi.

In November last year, the former SSP had recorded his statement, alleging that he had been framed in the case due to a “departmental rivalry”, but had failed to name any officer in the police department.

During the trial, the court recorded the testimonies of 51 witnesses — including the medico-legal, forensic and ballistics experts, nine private witnesses and police officials produced by the prosecution.

During the hearing today, the ATC judge noted the prosecution had failed to prove that the victims were kidnapped and murdered in a fake encounter by Rao Anwar and his 14 subordinate officials.

“Geo-fencing reports and call records failed to prove the presence of Rao Anwar and others at the place of the fake shoot-out,” he observed.

A detailed verdict in the case is awaited.

Speaking to Geo TV after the acquittal, Anwar thanked God and said that “fake allegations” against him had been proven wrong today.

The former cop went on to say that he will give a detailed response on the accusations against him in “a talk show” soon.

He claimed that 25 people were wrongly nominated in the murder case and the person killed was a “wanted terrorist” whose name was Naseemullah and not Naqeebullah. “He was a wanted militant about which advertisements were also given including newspapers.”

When asked whether he would like to rejoin the police force, the former police official said one year of his service was left and he “would like to serve Karachi”.

Naqeeb’s family to appeal judgment​

After the verdict was released, lawyer and human rights activist Jibran Nasir — who is representing the legal heirs of Naqeeb — tweeted that his clients would appeal today’s judgment before the high court.

Separately, he told Dawn.com that the legal team acting for Naqeeb’s case had made public their apprehensions when the prosecution’s witnesses began to resile from their statement and important documentary proof went missing.

“The decision will be appealed at an appropriate forum but those who provided political patronage to Rao Anwar and exerted pressure in the proceedings to weaken the prosecution case fail to understand how with every such injustice our governance structure and the social contract between the citizens and the state is eroding and crumbling away,” Nasir added.

‘Fake encounter’​

Naqeebullah, hailing from South Waziristan, was among four men killed in what at the time was reported as an ‘encounter’ with a police team headed by Anwar in the Usman Khaskheli Goth on the outskirts of the metropolis earlier in January 2018.

Anwar had alleged that Naqeebullah was a Tehreek-i-Taliban Pakistan (TTP) militant, but a statement reportedly issued by a spokesperson for TTP’s South Waziristan chapter had termed the claim “baseless”, clarifying that the deceased had no links with the banned militant outfit.

Naqeebullah’s family had also disputed Anwar’s claim, saying that the 27-year-old had no links with any militant organisation.

Naqeebullah Mehsud — whose name was given as Naseemullah on his national identity card — was a shop owner fond of modelling, relatives of the deceased had told Dawn.

The then chief justice, Mian Saqib Nisar, had taken suo motu and twice offered Anwar to surrender. The former SPP, after eluding the law enforcers for some three months, was finally arrested after he surrendered before the Supreme Court in March 2018.

Sindh police then kept him in a house in Malir Cantonment, which was later declared a sub-jail.

The high-profile trial has faced inordinate delays, especially since March 11, 2022, when the case reached the crucial stage of recording testimonies of the accused police officials after four years.

After over four years, the ATC-XVI judge finally recorded Anwar’s testimony on Nov 5 last year as required under Section 342 (power to examine the accused) of the Criminal Procedure Code (CrPC) before passing the judgement.

The former SSP had testified that he “was not present at the place of occurrence at the time of the incident, nor ever visited new Sabzi Mandi in between Jan 4 and 6, 2018”.

“I was implicated in this case on the basis of managed geo-fencing so as call data record [CDR] on the behest of a senior police officer whom I have a departmental rivalry,” alleged the under-trial former top district cop in an eight-page statement seen by Dawn, adding that the CDR and geofencing conflicted with each other.

However, in December 2021, the investigating officer of the case, SSP Dr Rizwan Ahmed, informed the court that Mr Anwar’s call data record and geofencing of the cell phone had shown him present on the crime scene between 2.41am and 5:18am on Jan 13, 2018.


 
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‘An affront to human rights’: Lawyers, journalists weigh in on Naqeebullah murder case verdict

It isn't that the system is broken, it's never been made workable.
We are driving a donkey cart in the Formula 1 Grand Prix and expecting to win, says lawyer Basil Nabi Malik.

January 23, 2023

Five years after the murder of Naqeebullah Mehsud, an anti-terrorism court (ATC) in Karachi acquitted on Monday all 18 accused, including former SSP Malir Rao Anwar, with the judge observing that the prosecution had failed to prove its case.

Mehsud was killed in a police encounter at an abandoned farmhouse in the outskirts of Karachi, along with three other victims on January 13, 2018. An inquiry team found that he was killed in a ‘fake encounter’ staged by the police.

The murder of the 27-year-old aspiring model from South Waziristan had sparked anger over social media, as well as country-wide protests, to bring the perpetrators to justice.

Five years on, the court has declared that former SSP Anwar and all his 17 subordinate officers are not guilty of Mehsud’s murder. Here’s what legal experts and journalists had to say about the verdict:

No one killed Naqeebullah?​

Journalist Munizae Jahangir tweeted the million-dollar question when she asked: “So no one killed Naqeebullah?” She added that “obviously, evidence was removed & Rao Anwar even allowed to disappear then to reappear in SC from back door with full security.”

“What a joke they have made of the criminal justice system,” she surmised.

Darkness meets darkness, again​

On some days, there’s just nothing to say, Barrister Asad Rahim Khan told Dawn.com. Injustice has been institutionalised in this country.

“The key to this case was a swift trial and determination,” he said. Instead, brutal policemen colluded with Sindh’s ruling elites and the darkest parts of the state to ensure — over the course of five years — that the process was corrupted, managed, and whittled away to nothing, he added.

The least the system could have done was to avenge Naqeeb’s death, even if not during the course of his father’s life. Instead, it has returned yet another acquittal — whatever the evidence, whatever Rao Anwar’s appalling record of extrajudicial murder, whatever the fact of an entire movement erupting around the killing of an innocent man, said Khan.

With the shining exception of Jibran Nasir and his colleagues fighting it out, this is yet another episode of darkness meeting the darkness.

But this verdict will be appealed, because it must, he stressed.

The system was never workable​

Was this outcome unexpected? Frankly, no, said lawyer Basil Nabi Malik.

The problem with our justice system and it’s ability to prosecute an accused is well known. Whether it be in relation to properly investigating matters, ensuring transparency, preserving evidence or being sensitised to a victim’s ordeal, our system lacks the nuts and bolts to adequately address any of these issues, he explained.

It isn’t that the system is broken, it’s never been made workable. We are driving a donkey cart in the Formula 1 Grand Prix and expecting to win, said Malik.

Affront to human rights​

Human rights campaigner Rimmel Mohydin tweeted that the acquittal was “an affront to human rights, the law and the family members of his countless victims.”

She added that it was “fitting it happened on a day where the country is literally plunged in darkness,” referring to the power outage across the country.






The decay in our system​

Zoha Waseem, who researches politics and sociology of policing and security in Pakistan, said that the verdict reveals multiple layers of decay in our criminal justice system.

From prosecution witnesses withdrawing their testimonies, to the ATC delaying the hearings even though these courts are set up to expedite such cases, to even police officers being divided in their opinions on Anwar and fearing what standing against Anwar and his patrons might mean for their own professional wellbeing, the case reveals how complex it is to investigate and prosecute a high-profile extrajudicial killing in this country, no matter how much you invest in police and prosecution reforms, she said.

“For the police, I assume, Anwar’s acquittal will evoke mixed reactions and feelings,” said Waseem, adding that, “some officers, who are against encounters, will criticise the court and the system for this verdict; others may be on the receiving end of Anwar’s wrath should he turn to the media to go after select officers, and yet others will feel vindicated and reassured that they too will be protected for their use of extrajudicial violence going forward.”

Extrajudicial police violence never ceased in Pakistan in the aftermath of Mehsud’s killing, though there may have been a reduction in the frequency of encounter killings, said Waseem.

“This verdict may, however, lead to an increase in the use of extrajudicial violence, especially if political parties turn again to the police for political victimisation and intimidation ahead of the polls and upcoming general elections,” she feared. “The environment remains conducive for state patronage of loyal cops.”
 
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