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Ex-MNA Abidi’s killing not terrorism: Sindh High Court

Ex-MNA Abidi’s killing not terrorism: Sindh High Court

From Dawn · (37m ago) English

Translated from English, summarized and contextualized by DistantNews.

TLDR

  • The Sindh High Court ruled that the targeted killing of former MQM-P MNA Ali Raza Abidi did not constitute terrorism.
  • The court acquitted four appellants of terrorism charges, commuting their life sentences to time served, citing insufficient evidence and issues with extra-judicial confessions.
  • The bench criticized the police investigation, noting the failure to apprehend the alleged shooters and discover the motive for the killing.

The Sindh High Court has delivered a significant verdict, reclassifying the tragic killing of former Member of the National Assembly Ali Raza Abidi as a targeted murder rather than an act of terrorism. This decision, while commuting the life sentences of four individuals to time served, raises critical questions about the initial investigation and the application of anti-terrorism laws in Pakistan.

the targeted killing of former Muttahida Qaumi Movement-Pakistan (MQM-P) MNA Ali Raza Abidi did not fall within the definition of terrorism.

— Sindh High CourtThe court's ruling on the classification of the murder.

The court's bench, headed by Justice Omar Sial, found that the evidence presented did not meet the legal definition of terrorism, which requires intent to coerce or intimidate the public. Instead, it characterized the incident as a targeted killing, the motive for which remains undiscovered by investigators. This distinction is crucial, highlighting a potential misapplication of stringent anti-terrorism legislation in cases that may stem from personal or political vendettas rather than broader acts of terror.

the appellants were convicted for the offence of terrorism, but no cogent evidence was produced at the trial court to show that there was an intent or design to coerce and intimidate public or create a sense of fear or insecurity in society.

— Sindh High CourtThe bench's reasoning for acquitting the appellants from the terrorism charge.

Furthermore, the verdict pointedly criticized the Sindh Police's handling of the high-profile case. The acquittal of the appellants was based on the weakness of evidence, particularly extra-judicial confessions deemed inadmissible and circumstantial call data records. The court's observation that the police 'failed completely in solving and proving this case' and the disappearance of the alleged actual shooters underscore significant investigative lapses. This is a matter of deep concern for public trust in law enforcement's ability to deliver justice, especially in politically sensitive cases.

An extra-judicial confession is a weak piece of evidence and it must be corroborated and supported before it can form a part of admissible evidence.

— Sindh High CourtThe court's assessment of the evidence used in the trial.
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Originally published by Dawn in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.