CHITRAL, March 5: The district and sessions judge Chitral on Tuesday also rejected the post-arrest bail petition of Jamaat-i-Islami leader and former district nazim Haji Maghfirat Shah in the explosives theft case.
When the accused was produced before Judge Syed Zamurad Shah, defence lawyer Zafar Hayat said his client deserved bail as two other accused persons had already been released in the case. He said Chitral Scouts had recovered the explosives without seeking the active help of the local police.
However, the judge said keeping in view the circumstances of the case, Maghfirat Shah and Tanveer Ahmad were not entitled to the bail. The former district nazim and a key Jamaat-i-Islami leader in Chitral was put behind bars after his bail-before arrest plea was tuned down by District and Sessions Judge Chitral Syed Zumrad Shah on Feb 25.
When the accused was presented before Senior Civil Judge and Judicial Magistrate Shoaib Mohammad on Thursday, his lawyer Zafar Hayat contended that his client deserved bail under the law of consistency as another accused in the same case, Rafiullah, son of Mohammad Khan contractor, had already been released on bail.
However, the prosecution said Rafiullah was granted bail after arrest as no recovery of explosives had been made from his possession. On the other hand, 250 kgs of explosive materials were recovered from the possession of Maghfirat Shah. Therefore, he should not be granted bail. The judge then turned down the bail application and the accused was shifted back to the district jail.
It may be noted that last year on February 15 about 700 kilogrammes of explosives used in blasting stones and mountains were stolen from the godown of Korean Sambu company at Koghozi. The Koreans are constructing the Golen Gol power station near the Koghozi village.
Law enforcement agencies picked up a man from Ayun on the charge of stealing the explosives. During interrogation, this man told the police that he had sold some of the explosive to a son of Mohammad Khan contractor and the former district nazim.
About 250 kgs of the explosives were recovered from the under-construction powerhouse owned by the former nazim at Jhughoor near Chitral early this year.
According to the court documents, the former nazim, who was also one of the contenders for a seat in the forthcoming general elections, is facing charges under section 457 of he Pakistan Penal Code (house trespassing), 380 (theft), 406, and section 5 and 6 of the explosive act.