PESHAWAR: An anti-terrorism court here on Monday acquitted a dumb person arrested by the local police on charges of planning to plant an explosive device near Peshawar General Bus Stand, last year.

ATC judge Mehmood-ul-Hassan ruled that the prosecution could not prove its case against the accused, Rafiullah Khan, a resident of Mardan, and the evidence on record did not connect him with commission of the offence.

The prosecution alleged that the concerned police officials had received information about presence of a terrorist near Peshawar bus stand who intended to plant an improvised explosive device there. It was alleged that when the police raided the area they arrested the accused and recovered from his possession an explosive device packed in a tin.

The accused was charged by the CounterTerrorism Department in a case registered on Aug 5, 2016, under section 5 of the Explosive Substance Act and section 7 of AntiTerrorism Act.

Advocate Shabir Hussain Gigyani, counsel for the accused, contended that his client was implicated in a fake case. He questioned how a dumb person would communicate with his handlers. He pointed out that the accused was taken into custody a month before the alleged occurrence and was kept in illegal detention.

Mr Gigyani argued that under the Explosive Substance Act, 1908, it was mandatory to acquire sanction of the provincial government for trying an accused person carrying explosives. He added in Khyber Pakhtunkhwa the said law was repealed through the KP Explosive Substance Act, 2013. However, he added that while the 1908 law had no longer been applicable to the province the prosecution had acquired sanction of the present trial under the repealed law and not under the new law.

Meanwhile, an additional district and sessions judge, Sadia Arshid, on Monday acquitted an accused in a murder case of two brothers, due to lack of evidence. Bureau Report