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FIR in plane conspiracy case partly based on hearsay: Counsel agree

RECORDER REPORT

KARACHI: The prosecution on Friday agreed with the defence counsel that some portions of the complaint filed by Lt. Col. Attiquzzaman, on the basis of which the FIR against former prime minister Nawaz Sharif and six others allegedly involved in the October 12 plane conspiracy case, was registered, is based on hearsay and not admissible in law.

Leader of the prosecution team, Sindh Advocate General Raja Qureshi also agreed that all those portions which were based on hearsay should be deleted.

The defence council for the accused Khawaja Sultan said he had no objection if the disputed portion is deleted and statement of the complainant is recorded.

After hearing the defence and the prosecution, the Anti-Terrorism Court (ATC) Judge, Rehmat Hussain Jaffery, held that certain portions of the statement of complainant Lt. Col. Attiquzzaman Kiani recorded under Section 164 CrPC were disputed.

The judge cited two judgments of the Peshawar High Court and one from an Indian authority, asked the prosecution and the defence counsels to properly study the issue and come prepared with the definition of "by-standard" as the issue raised at this stage of the case is crucial for deciding the admissibility of the complainant's statement.

The prosecution and the defence counsels will continue their arguments on Saturday.

Dispatch rider of PIA Zafar Ali Khan presented a flight log book of flight No. PK- 805 as evidence to determine the correct position of fuel in the plane.

PPI adds: Khawaja Sultan had raised objection on complainant's statement and said he was not present at the place of incident (Karachi Airport) on October 12, 1999, and all FIR is a part of the hearsay statement. The court directed both defense and prosecution to submit their arguments on this point.

However, the court, Friday recorded cross examination of DSP Airport Mohammad Mahboob Khan, who brought Saifur Rehman, member of the suspended Senate, Shahbaz Sharif, former CM Punjab, and Saeed Mehdi, ex-principal secretary to PM, from Islamabad to Karachi on November 23, 1999 under custody.

Khawaja Sultan, counsel for Nawaz Sharif, Shahbaz Sharif, Saeed Mehdi, former PIA chairman Shahid Khaqan Abadi, Manzoor Ahmed Malik, counsel for Rana Maqbool, and Haleem Pirzada counsel for Syed Ghous Ali Shah, cross examined the witness.

All accused were present in the court.