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Dr Shakil case adjourned over absence of prosecutor

Bureau Report 2017-07-28
PESHAWAR: The Federally Administered Tribal Areas (Fata) Tribunal on Thursday adjourned to Sept 28 the hearing of a petition of Dr Shakil Afridi challenging the upholding of his conviction by an appellate forum for having links with militant outfits.

The tribunal, which is the third and final judicial forum available under the Frontier Crimes Regulation, comprising its chairman Sange Marjan Khan and members, Hussainzada Khan and Atif Nazir, decided to adjourn the hearing as the state prosecutor was not available.

Advocate Qamar Nadeem, appearingfor Dr Afridi, informed the tribunal thatthe lead counselin the case Lateef Afridi was not available due to his engagements in the high court, but he (Qamar) could argue the case.

Mr Qamar told Dawn that no progress took place in the case as the government prosecutor was not present.

The FCR commissioner, which is the appellate forum under the FCR, had on Mar 15, 2014 upheld the conviction of Dr Afridi for being linked to a banned militant organisation of Bara tehsil in Khyber Agency but reduced his original prison term slapped by the assistant political agent`s court from 33 years to 23 years and that of the Rs320,000 fine to Rs220,000.

Through the present revision petition Dr Afridi has challenged the decision of commissioner.

The tribunal also adjourned hearing of a petition filed by the administration of Khyber Agency against the reductionof sentence of Dr Afridi by the commissioner.

Dr Afridi was taken into custody in May 2011by intelligence agencies on suspicion of arranging a fake vaccination campaign at behest of American CIA in Abbottabad for tracing Osama bin Laden. However, he was not convicted on thatcharge.

The assistant political agent, who is also the additional district magistrate of Bara, convicted him on May 23, 2012 for involvement in anti-state activities by supporting the Bara-based Lashkari-Islam, and sentenced him on different counts to a total of 33 years` imprisonment with fine of Rs320,000.

The petitioner, Dr Afridi, claimed he was denied the right to fair trial and was convicted by the assistant political agent on `flimsy grounds.

The petitioner has contended that the FCR commissioner had ignored several f acts while upholding his conviction. Hestated that earlier the commissioner was sent back the case by the tribunal forclarifyingcertainpoints,butinstead of clarifying those points the commissioner upheld the decision of the APA.

Recently, former deputy attorney general for Pakistan Mohammad Khursheed Khan also filed a writ petition seeking direction from the Peshawar High Court for the federal and Khyber Pakhtunkhwa government not to send abroad Dr Shakil Afridi till final disposal of the petition.

He has prayed the court to further issue directives that in case Dr Afridi had to be sent abroad permission from the high court should be taken in that regard. He further requested that Dr Afridi should not be shifted from Peshawar Central Prison to any other prison in the province or in any other province.

The petitioner has apprehended that the government might hand over Dr Afridi to the US.