10 acquitted in Hudood case
HYDERABAD, June 23 2006: The second additional district and session’s judge, Mr. Amjad Ali Bohyo, on acquitted 10 people, including four women, in a Zina Enforcement Hudood Ordinance case after a girl, Ms Nayab Memon, stated that she had not been abducted. The court acquitted Aachar Khuman, Noor Mohammad, Ameer Bux Arbab, Mushtaq Arbab, Zulfiqar Arbab, Shama Mochi, Sana Mochi, Pathani Khuman, Naheed Khuman and Ghthdam Mustafa Khokhar.
Mushtaq Arbab, Ameer Bux Arbab and Noor Mohammad were on bail while others were in jail. Ghulam Mustafa died in prison during the course of trial. The court asked Nayab whether any of the accused present in the court had any hand in her kidnapping. She told the court that she had not been abducted and she had left her house on her own because she and her sisters had been beaten by brother Mansoor.
She said that she arrived in Nawabshah and married Allah Wadahyo Siyal. Nayab said that she was afraid of police and her family and for that reason she did not say anything in public. After missing since August 2003, the 18-year-old Nayab, daughter of Rasheed Memon, made a mysterious appearance at a press conference in the RPO office to claim that she had not been abducted.
“I am a mother of a child and expecting another one,” she told the court. Nayab’s father had lodged a case with the Hala police station in August 2003 under sections 1116 Zina Hudood Ordinance 1979 vide crime 89103, accusing five people of having abducted her daughter. He complained that police were not finding his daughter. He nominated Ghulam Mustafa, Zulfiqar, Pathani, Aachar and Mushtaq Ahmed. The Nayab kidnapping case was reported in Sindhi newspapers and the Sindh High Court held regular hearings of her father’s petition.
Mr. Memon filed applications with the Supreme Court and the court also took notice of matter, directing the Sindh PPO to ensure her recovery. He told the high court that “police were not arresting accused nor recovering his daughter because (the then) SP investigation Farid Jan Sarhandi was directly involved in it”. He claimed that on August 20, 2003 Aachar, Pathani, Noor Mohammad, Sana and Shamaz kidnapped Nayab and finally the case was registered after hectic efforts but she was not recovered and he was threatened with dire consequences. The high court got the FIR reinvestigated by CIID DSP Hyder Bux Khoso, who revealed in his report that investigating officer of the FIR had spoiled it.
He said that one Fazal Hussain (a local PPP leader of Hala) was directly involved in the matter and also held a jirga in the matter. Makhdoom Fazal appeared before the court and denied the charge. The court had declared Makhdoom Fazal Hussain, a PPP leader of Hala, a proclaimed offender but, according to his counsel, he had got the order set aside form the Federal Shariat Court. The FSC’s order was not received in the trial court which completed proceedings against him under sections 87 and 88 CRPC.
The DSP said that former 10 Hussain Bux Nizamani had arrested Aachar, Noor Muhammad, Shama and Pathani and that on December 31, 2003, Shama and Mai Pathani were released by the IO under section 497 CRPC. He claimed that the 10 did not arrest accused Sana, Mushtaq Ali Arbab, Master Amir Bux Arbab, Zulfiqar Arbab and Naheed whose statements were only recorded by the IO as he did not bind them down to come again for investigation which indicated his negligence.
Matiari DPO lqbal Dara and SP investigation Sikandar Mangi said that “girl has been recovered from Nawabshah where she had married one Allah Wadahyo Siyal and with her recovery 3-year-ol mystery stood resolved now”. Her father Abdul Rasheedi Memon insisted that in fact his daughter was in custody of police and she was following their lines and that his daughter was kidnapped in Hala.
Mr. Memon told Dawn that he had sent a fax message to the apex court in this regard. He said that group which had kidnapped his daughter was i notorious as it was involved women trade and it had sold his daughter after kidnapping her. He said that husband of his daughter was close relative of Hala TPO Qadir Dad Siyal. “On May 28, 2006 during the course of trial by the FSC where Makhdoom Fazal Hussain of the PPP had challenged trial court’s order justice S.K. Rabbani asked him to produce Nayab and subsequently I met Makhdoom” he said.
Source: Dawn
Date:6/23/2006
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