| Citation(s) |
|---|
| 2014 SLG 1368 2014 SLD 1368 2014 YLR 201 |
Lahore High Court
Criminal Appeals Nos.78 of 2007, 1938 and 1933 of 2006,decision dated: 20-09-2013
MAZHAR IQBAL SIDHU AND SYED MUHAMMAD KAZIM RAZA SHAMSI, JJ
Mian Ismail Thaheem, Nasir Javaid Ghumman, and Ch. Liaqat Ali Sindhu for Appellants with Complainants in person (in Criminal Appeal No. 78 of 2007). (against acquittal) Dr. A. Basit assisted by Suqrat Basit, for Appellant (in Criminal Appeal No. 1938 of
Criminal Appeals Nos.78 of 2007, 1938 and 1933 of 2006,decision dated: 20-09-2013
MAZHAR IQBAL SIDHU AND SYED MUHAMMAD KAZIM RAZA SHAMSI, JJ
Mian Ismail Thaheem, Nasir Javaid Ghumman, and Ch. Liaqat Ali Sindhu for Appellants with Complainants in person (in Criminal Appeal No. 78 of 2007). (against acquittal) Dr. A. Basit assisted by Suqrat Basit, for Appellant (in Criminal Appeal No. 1938 of
Syed GHULAM ABBAS BOKHARI and others
VS
Raja MUSHTAQ AHMAD and others
Law:
Section:
(a) Penal Code (XLV of 1860)---Ss. 119, 302, 324 & 342--- Anti-Terrorism Act (XXVII of 1997), S. 7(a)---Criminal Procedure Code (V of 1898), S.417(2A)---Public servant concealing design to commit offence which it is his duty to prevent; qatl-e-amd; attempt to commit qatl-e-amd; wrongful confinement; acts of terrorism---Appeal against acquittal---Appreciation of evidence---Prosecution giving divergent versions of the occurrence--- Effect--- Murderous assault made upon Judicial Officers by prisoners during a jail visit---Twelve (12) Judicial Officers along with other persons were taken hostage by prisoners inside jail premises whereafter police conducted an operation, which resulted in death of four (4) Judicial Officers and caused injuries to several others---Trial Court acquitted accused persons, including the Deputy Inspector-General of Police who gave orders for the operation; acquitted police officials connected with the operation; acquitted the Jail Superintendents, and the surgeon who treated one of the Judicial Officers, who later succumbed to his injuries---Plea of complainant that police operation was carried out in haste on the orders of acquitted-Deputy Inspector-General of Police, ignoring instructions of concerned authorities; that the operation carried out by police was not a "rescue operation but a "killing operation"; that murderous assault on Judicial Officers was a result of conspiracy devised by the Superintendent Jail and Jail employees, and that the surgeon who treated one of the deceased Judicial Officers did not intentionally provide proper medical aid---Validity---First Information Report showed that responsibility of the incident was reposed upon the shoulders of Jail authorities, but thereafter with the delay of two days a new version was introduced by complainant through his supplementary statement by stating that in fact the incident had taken place on account of res integra attitude of the Deputy Inspector-General of Police, who commanded the operation--- Complainant took a complete "U" turn in his supplemental statement and all responsibilities and liabilities of the incident were reposed upon the operational force, without…
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