LHC asks 4 accused to move DSJ court

RAWALPINDI - The Lahore High Court, Rawalpindi Bench on Tuesday directed four alleged killers of former Premier Benazir Bhutto to move the court of District and Sessions Judge (DSJ), in order to challenge the legality of fetters put on to them by the jail authorities. According to the details, LHC Rawalpindi Bench Justice Khawaja Imtiaz Ahmedm, while disposing of the petition of Muhammad Rafaqat, Hasnain Gul, Sher Zaman and Abdul Rasheed, directed them to approach the court of DSJ who would decide the said matter in 30 days. While representing the petitioners, Advocate Naseer Ahmed Tanoli said that the LHC also directed the DSJ to visit the Adiala Jail to determine whether the fetters put on to the accused were in accordance with the jail manuals or not. The petitioners had moved the court saying that they were being kept in fetters in the jail, despite the fact that they had not been convicted, and they were even never indulged in any criminal activity, while their captivity in the jail. The petitioners said that they were under trial prisoners and could not be fettered by the authorities of Adiala jail, as it was against the jail manuals and basic human rights. The also maintained that their application against fetters was rejected by the district and sessions judge Rawalpindi on January 29 2010 and since then they were being fettered and handcuffed. The petitioners said that they were arrested in January 2008 in connection with the assassination of PPP Chairman BB in December 2007, and the trial against them was put on hold in August last year on the request of Federal Government. They prayed to the court to direct the jail authorities to remove their shackles and fetters, as they were not the convicted prisoners. Meanwhile, LHC Justice Rauf Ahmed Sheikh put off the hearing till May 24 in the petition of three men who were being detained; despite they had been acquitted in a terrorism case. The court adjourned the hearing in the petition of Sayed Arab, Gul Roze and Muhammad Shafique, after District Coordination Officer Attock told that their detention orders were issued on the directives of the Government. The petitioners through their Advocate Basharat Ullah Khan had maintained before the court that the DCO while issuing the detention orders, under maintenance of public order, had alleged that the three men could create law and order situation. The detention orders were issued on May 1, after they were acquitted by an anti-terrorism court in the case of firing of rockets at Kamra Aeronautical Complex They said that they had been behind the bars for the last two years, facing the trial in the case and also questioned the sense behind their detention, saying how could they be detrimental for the public order. It was on April 28 that the trial court in Rawalpindi had acquitted the petitioners with two others Tehseen ullah Jan and Abdul Rasheed in the case of rockets attack on Kamra in May 2008, after the prosecution failed to prove the allegations levelled against them. The petitioners had prayed to the court to declare their detentions as illegal, after they had been acquitted of all charges and no criminal proceedings were pending against them in any court of law.

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