Appeal for bail cancellation of housing society owner dismissed

Arms, explosive recovery case

RAWALPINDI - The Lahore High Court Rawalpindi Bench here on Tuesday dismissed an appeal of Counter Terrorism Department Rawalpindi seeking cancellation of bails granted by an anti-terrorism court to the private housing society ‘Top City-1’owner and six other accused in arms and explosive recovery case.

A division bench, comprising Justice Tariq Abbasi and Justice Muzahir Ali Akbar Naqvi, dismissed the appeal of CTD Rawalpindi against the decision of Anti-Terrorism Court that granted bails to Kunwar Moeez Khan, the owner of Top City-1, a private housing society near New Islamabad International Airport, and six other accused in the case of recovery of weapons and explosives from the house of an arms dealer Essa Khan at Askari-12 in May 2017.

According to details, the special public prosecutor of CTD sought the cancellation of bails of Top City-1 owner Kunwar Moeez Khan and six others as they were involved in possessing illegal arms and ammunitions and involved other mischievous activities but the division bench of LHC set aside the plea of the CTD .

Following the directions of division bench of LHC, the special public prosecutor of CTD Rawalpindi reads the para six of SCP order before the judges as “In this particular case, the Rangers completely excluded the local police and the entire matter was kept secret from the local police and after effecting the recoveries, the local police of police station was informed, thus the entire investigation was conducted without the active participation of the SHO concerned. Such a course is not permissible under the law even some powers are conferred upon the Rangers of the nature exercised by the police but that is for limited purposes and that too in cases of operation against terrorists and militants, which fact must be established first. The CCTV footages available at pages 45 to 49 tell the true story. The Ministry of Interior under those authority/control, the Rangers operates has taken strong exception to the action taken by the Rangers. The letter to that effect is available at page 45 of the paper book, followed by reminder with a warning note that if the explanation called from the Rangers are not submitted by 22nd May, the powers conferred on Punjab Rangers under the Anti Terrorism Act shall be suspended in the public interest,”

Arguing before the judges, Advocate Ismail Baloch said that his clients were roped in the case without any reason and to occupy the multi-billion housing society owned by Kunwar Moeez Khan in the suburbs of federal capital.

He said in its verdict, SCP clearly ruled that Rangers kept the local police in darkness and conducted investigations against his clients. He appealed the division bench of LHC to dismiss the petition of CTD Rawalpindi. After completion of arguments of both parties, LHC Rawalpindi Bench Justice Tariq Abbasi and Muzahir Ali Akbar Naqvi maintained the verdict of ATC and dismissed the appeal of CTD.