KARACHI: While dismissing an appeal filed by the state against the acquittal of a 13-year-old boy, the Sindh High Court has observed that the teenager was implicated in an explosive substances case merely because he was present in his father’s house at the time of the alleged recovery.
The SHC also noted that the case was registered only against Hafiz Bashir Ahmed Laghari and the same was cancelled after his death, but third investigating officer (IO) had involved a minor son of the slain accused without collecting any evidence whatsoever against him.
A two-judge bench of the SHC comprising Justice Khadim Hussain Tunio and Justice Amjad Ali Sahito further said that there were inconsistencies, contradictions, missing entries and substantial evidentiary gaps in testimonies of material witnesses as prosecution had failed to establish any credible link between the juvenile accused and explosives, allegedly recovered from his father’s house.
An antiterrorism court had exonerated Muavia from all charges in March last year in a case registered in 2013 under Sections 4/5 of the Explosive Substances Act read with Section 7 of the Anti-Terrorism Act, 1997 at the Surjani Town police station.
Bench rules no link was established between boy and the substance recovered from his father’s house in 2013
Thereafter, the state through prosecutor general of Sindh had filed an appeal against acquittal order of the trial court before the SHC.
It was asserted that police had raided the house of Hafiz Bashir in July 2013 and around 10 kilograms of explosive material was recovered while the main accused was killed in a police encounter and his son was present at the time of the recovery.
The acquitted accused in his statement before the trial court maintained that he was 13-year-old at the time of his arrest and studying in a madressah while he had remained in prison since his arrest and acquitted after around 12 years of incarceration.
He had also categorically denied that any incriminating article was recovered from his personal possession and contended that he was framed in the case.
The bench in its order noted that as per the previous IO, he had recommended disposal of the case under C Class (cancelation) and he had no knowledge whatsoever regarding the present accused.
“Consequently, his deposition pertains solely to the closure of proceedings against the deceased accused and does not, in any manner, implicate the present minor accused in the commission of the alleged offence”, it added.
The bench also observed that admittedly, no incriminating substance or article was recovered from the possession of the minor accused at the time of alleged recovery and he was merely found present in the house of his father.
Consequently, it said that the FIR was lodged only against Hafiz Bashir and the name of the minor accused did not mention therein and the case was initially disposed of under C Class following the death of the main accused.
“However, it is surprising to note under what circumstances the present minor accused was subsequently implicated in the instant case by the third investigating officer without collecting or bringing on record any evidence whatsoever against him”, it added.
The bench also said, “As per the initial allegations, the present accused was merely present in the house of his father, and admittedly no incriminating article was recovered from his possession, nor was any specific allegation levelled against him”.
It further noted that the allegedly recovered case property/explosive material, was never produced before the court and was claimed to have been destroyed in a fire erupted at the malkhana (warehouse) at the City Courts.
“Furthermore, the prosecution has neither collected nor produced any independent or corroborative evidence to establish any nexus between the present minor accused and the alleged offence, nor has it produced any evidence to substantiate its claim against his father so as to link the minor accused indirectly. These glaring omissions further weaken the prosecution’s case,” it concluded.
Published in Dawn, January 15th, 2026
