IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
MR. JUSTICE ASIF SAEED KHAN KHOSA 
MR. JUSTICE DOST MUHAMMAD KHAN  
MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL 
 
Criminal Appeal No.218 of 2015 
And Jail Petitions No.249 & 454 of 2015 
(On appeal from the judgment dated 27.1.2015 
passed by the Lahore High Court, Rawalpindi Bench 
in Crl.Appeal No.706-T of 2010 and Crl.Appeal 
No.707-T/2010) 
 
Intekhab Ahmad Abbasi 
 
(in Crl.A.No.218/15) 
Zafar Ali 
 
 
 
 
(in JP 249/15) 
 
And  
 
(i) 
Muhammad Kabeer 
(ii) 
Muhammad Ishaq @ Kamran 
(iii) 
Qamar Zaman 
(iv) 
Abid Khan 
(in JP 454/15) 
 
…Appellant/Petitioners 
VERSUS 
The State etc. 
 
 
  
 
 
… Respondent(s) 
 
 
For the appellant(s): 
Mr. Basharatullah Khan, ASC 
 
 
 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
(in Crl.A. 218/15) 
 
For the Petitioners: 
Nemo in both 
 
For the State: 
 
Mr. Muhammad Jaffar, DPG, Pb. 
 
Date of hearing:  
30.11.2017 
 
JUDGMENT  
 
 
Dost Muhammad Khan, J.—  
Jail Petitions No.249 and 454 of 2015 are barred by 259 days, 
however, vide Crl.M.A No.1573/15 condonation of delay has been 
sought on valid reasons, therefore, delay in filing of these jail petitions 
is condoned. Crl.M.A. is disposed of.   
2. 
  
At a trial, held by the learned presiding Judge, Anti-
Terrorism Court Rawalpindi/Islamabad, appellant Intikhab Ahmad 
Crl.A. 218/15 etc.  
2 
Abbasi (in Crl.Appeal No.218/2015), petitioner Zafar Ali (in JP 249/15) 
and petitioners of Jail Petition No.454/2015 namely, (i) Muhammad 
Kabeer (ii) Muhammad Ishaq @ Kamran (iii) Qamar Zaman and (iv) 
Abid Khan were convicted and were sentenced to life imprisonment u/s 
120-B PPC read with section 7 ATA with fine of Rs.2,00,000/- or in 
default thereof six months S.I.. They were further sentenced to life 
imprisonment u/Ss.4 & 5 of the Explosive Substances Act, each on 
each count. They were sentenced to seven years R.I. u/s 420 PPC with 
fine of Rs.50,000/- or in default thereof to suffer three months S.I., 
excluding petitioner No.2 in JP No.454/15. U/s 468 read with S.471 
PPC, each one was sentenced to seven years R.I. with fine of 
Rs.50,000/- each or in default three months S.I. each, except 
petitioner No.2. While their co-accused namely, (i) Muhammad Sajjad 
(ii) Muhammad Zameer (iii) Farhan Mehmood (iv) Abdul Sattar and (v) 
Noor Muhammad @ Ustad Jee were acquitted on the basis of benefit of 
doubt. The sentences awarded to the convicts were directed to run 
concurrently with benefit of S.382-B Cr.P.C.   
3. 
  
This single judgment shall also decide connected Jail 
Petitions No.249 and 454 of 2015 being the outcome of the same 
judgment and because evidence and questions of law involved are 
identical.  
 
Prosecution Story: 
4. 
  
The initial story set up in FIR No.291/08 is that on a 
source report of intelligence network that, some explosive laden 
vehicles have entered Rawalpindi and the terrorists are likely to 
explode the same at important public places to cause massive 
destruction, both of property and human life, all law enforcing 
agencies/police were put on alert. 
Crl.A. 218/15 etc.  
3 
5. 
  
On 6.6.2008, SHO PS Sadiq Abad, Rawalpindi on a tip off 
that the vehicles were parked in Awan Service Station parking lot, 
situated in Dhoke Kala Khan and the terrorists were likely to make 
departure for the target therefore, he along with the police party of the 
PS and companies of Elite Force reached there immediately, cordoned 
off the area and found  (i) Abdul Manan of Murree, district Rawalpindi 
(ii) Abid Khan, district Tank (iii) Muhammad Ishaq, Gulbahar Colony, 
Peshawar (iv) Muhammad Kabeer, Havelian, district Abbottabad (v) 
Qamar Zaman of district D.G. Khan and (vi) Zafar Ali of Darra Adam 
Khel (F.R Kohat), standing thereby, who on seeing the heavy 
contingent got into the three vehicles however, they were brought 
down. On search of the vehicles, from the corolla car four pressure 
cookers full of explosive and two tins of milk also full of explosive, nuts 
and bolts were recovered. From Land-cruiser, No. LXH 7860 five 
pressure cookers packed with explosive, three milk containers of the 
same nature, two plastic containers full of diesel fuel, while from land-
cruiser No.JH-175 six pressure cookers and two milk containers full of 
explosive, two plastic cane full of diesel fuel, three small bags 
containing nuts and bolts were recovered. All of them were arrested, 
as the accused had planned to indulge in subversive activities, causing 
mass devastation, both of life and property. The “Murasla” report for 
crimes u/Ss. 7 ATA, 120-B PPC and sections 4 & 5 of the Explosive 
Substances Act was allegedly sent to the Police Station where the 
above FIR was registered at 8:40 am on the same day i.e.6.6.2008.  
6. 
  
In view of the nature of the crime, the Ministry of Interior, 
Government of Pakistan, constituted JIT comprising officers of FIA and 
a Deputy Superintendent of Police. During interrogation Abdul Manan 
accused arrested on the spot, happened to be Intikhab Ahmad Abbasi, 
Crl.A. 218/15 etc.  
4 
appellant. During the course of investigation further recoveries were 
made at the instance of the petitioners from the other set of acquitted 
accused.  
7. 
 
The JIT through self crafted design, gave another colour to 
the alleged crime, portraying that the accused were deputed and sent 
by the then terrorist commander Bait-Ullah Mehsud (dead) Qari 
Hussain and others to assassinate General(R) Pervez Musharraf, the 
then head of the State and Army. It was brought on record that at 
some occasion unsuccessful attempt was made on his life when the 
accused in the three explosive laden vehicles chased his cavalcade 
from Rawalpindi to Islamabad but due to mechanical fault caught by 
one vehicle, they could not execute the plan and returned 
unsuccessful. One Mansoor was shown as their handler at Rawalpindi 
who had hired room for accommodating the accused but that place is 
still untraced.  
8. 
  
Thereafter, as the story goes they were directed to strike 
at the GHQ with explosive laden vehicles to assassinate General (R) 
Pervez Musharraf however, before executing the second plan they 
were apprehended by the police in the above manner.  
9. 
  
Cases of such nature creating that much of sensation 
always receive wide publicity like in this case when the attention of 
print and electronic media both, national and international was 
attracted. Therefore, in the appraisal and re-appraisal of evidence 
courts are required to take extra degree of caution so that it might not 
be led to a wrong conclusion due to over-smarting design of the 
investigating agency.  
Crl.A. 218/15 etc.  
5 
10. 
  
Majority of the accused from whom large quantity of the 
same kind of explosive powder was recovered at the instance of the 
present accused, have been acquitted by both the Courts below, 
disbelieving the major portion of the prosecution case.  
 
The Prosecution itself has divided its case into three separate 
parts, which are as follows:- 
 “(i) 
The arrest of the petitioners/appellant along with 
explosive laden vehicles, which were connected with the 
batteries of the vehicles and push buttons on the front 
penal, to be detonated and cause explosions; 
(ii) 
that, some of the accused had received the command and 
directions personally from the notorious commander Bait-
Ullah Mehsood and two other commanders, referred to 
above, to carry out the suicidal attacks on General (R) 
Pervez Musharraf and for their safe stay, their handler 
namely Mansoor had hired room somewhere, where the 
accused were to take rest at night; 
 and  
(iii) 
except Intikhab Ahmed Abbasi, appellant,  the rest of the 
accused/petitioners confessed their guilt and the story of 
the Prosecution so set up received confirmation.”  
 
11. 
  
Attending to the first part, the very arrest of the 
appellant/petitioners from the parking lot of Awan Service Station with 
explosive laden vehicles appears to be highly intriguing one. The 
heavy contingent of police raided the premises, surrounded it from all 
four corners and during the arrest, recovery and seizure proceedings 
not a single public witness was associated. Even the owner, 
caretaker/manager and particularly the watchman, who was deputed 
for the look-after and care of the parked vehicles to ensure that no 
vehicle parked inside is taken away by unauthorized person, was not 
Crl.A. 218/15 etc.  
6 
available or could not be procured. The large contingent of police 
remained on the crime scene for many hours but out of all these 
persons, none was available. This mysterious circumstance by itself 
would bespeak about the proceedings conducted behind the blind 
curtain out of the sight of such persons. Even the register maintained 
in the office of the service station showing the entries about the 
parked vehicles and its particulars was not taken into possession 
rather it was arranged after many days. The said register was 
containing lose sheets, blank pages and the rest were half filled 
besides that the most disturbing aspect of the matter is that all the 
three vehicles laden with explosive substance (potassium chloride) 
were not mentioned therein and they were shown one day earlier at 
one page. Who was the author of these entries and who among the 
three was maintaining the register, still remains a begging question 
yet to be answered, as on 14.6.2008 while taking the said register into 
custody, the owner of the premises, Raja Qaiser, his brother Faisal 
Shabbir and Caretaker Sajawal were present but none of them was 
examined to ascertain the authorship of the entries in the register. 
None of the three was cited as a witness in the calendar nor anyone of 
them was produced at the trial and once the learned courts below 
discarded this piece of primary evidence, the same had rendered the 
entire story about the arrest of the accused with explosive laden 
vehicles from the above premises has become unreliable. The 
noticeable contradictions amongst the prosecution witnesses interse 
apart, the two learned courts below have rightly discarded this primary 
piece of evidence and in the absence of that no reliance can be placed 
on the testimony of highly interested prosecution witnesses when the 
Crl.A. 218/15 etc.  
7 
fairness and honesty in the course of investigation from the very 
inception has become a fantasy and drastically eroded.  
 
 
Even the report of NADRA about the forged identity cards 
allegedly recovered from the accused was not brought on record at the 
trial to prove the charge of forgery.  
12. 
 
 The Head of the J.I.T., Nasrullah Gondal, Assistant 
Director, FIA (PW-18), to whom the accused and the explosive laden 
vehicles were handed over by the SHO, Police Station, Sadiqabad, 
Rawalpindi, when was asked by the defence, could not trace out or 
refer any case diary showing the number of the vehicles and other 
articles entrusted to him on 7.6.2008. He also could not tell the trial 
court that the appellant/petitioners had made several complaints to 
the Judge, Anti-Terrorism Court, Director General, FIA and other 
authorities against the mode and manner of the investigation and to 
record their defence plea. It is a matter of record that all the accused 
were kept under tight security and during transit to the court or way 
back, the level of high security was further enhanced. It is absolutely 
unbelievable that this witness did not know about the nature of the 
complaints lodged by the accused when he was the Incharge/Head of 
the JIT all the times. The inference would that he has deliberately 
suppressed the truth from the court. He also admitted cuttings, over-
writings and interpolation made in the recovery memos about the 
quantity of the explosive substance, recovered from the accused. The 
substituted entries were not initialed by him. He also admitted at the 
trial that no Prado Jeep was mentioned in the register of Awan Service 
parking Lot rather Pajero Jeep was mentioned and even the initial date 
of recovery was scored off and was substituted by 8.6.2008. 
Crl.A. 218/15 etc.  
8 
13. 
 
It is also a matter of record that the accused suffered 
many injuries during their custody, however, an unbelievable and 
amazing story was tailored that these injuries were suffered by the 
accused when they were taken to Wah Cantt/Taxila to point out the 
house of another accomplice but when they could not do so, while 
coming back the accused jumped at the metalled road, started rolling 
thereon and sustained the injuries. To muffle and burry deep the 
torture given to the accused, he got treated the injured accused from 
a private clinic instead of taking them to the government hospital. The 
legitimate inference would be that due to severe torture, when the 
accused got frustrated and had broken down and when they could not 
point out the house of the so called accomplice they were treated 
ruthlessly.   
 
Another vital aspect of the case is that potassium chloride 
allegedly recovered from the accused, was described as explosive 
substance, however, the chemical formula of explosive substance is 
‘potassium nitrate/black powder, sulphur, phosphorus nitrate, powder 
aluminum or grain dust, potassium chlorate and many other chemicals 
if are mixed together, would constitute high intensity explosive 
substance 
to 
cause 
massive 
destruction/devastation 
through 
explosion, therefore, a question arises as to whether potassium 
chloride recovered in this case is a sole ingredient, which could be 
termed high intensity and of velocity explosive substance to destroy a 
well-fortified building/structure and cause destruction of both life and 
property. The report of the incharge BDS thus appears to be 
inconclusive and it cannot be categorized to be a right opinion on the 
subject. 
Crl.A. 218/15 etc.  
9 
14. 
  
According to the consistant stance, the conspiracy 
punishable u/s 120-B PPC was hatched in South Wazirustan and Miran 
Shah, the headquarter of North Wazirustan however, none of the 
accused was taken to those places to point out as the investigating 
agency could have easily undertaken that process with the permission 
of the Interior Ministry, thus, the offence u/s 120-B PPC remained un-
established.  
 
It is the prosecution case that the accused have not undergone 
any tough training to carry out the assigned task. The nation is victim 
of the terrorist activities which are carried out by highly trained and 
skilled terrorists and the militant commanders would never venture to 
send such raw hand and inexperienced persons for targeting the most 
high profile person and the place like GHQ. Even the accused were not 
taken to the place for pointing out where they first made unsuccessful 
attempt on the cavalcade of the then Chief of Army Staff and this part 
of the story is till a mystery. How the accused knew about the layout 
plan and about the location of the office of the Chief of Army Staff 
when no map or guideline materials were recovered from them, is 
another lacuna in the case. 
15.     Within no time after the arrest of the accused ‘Murasla Report’ 
was sent for registration of the case and Section 120-B PPC was also 
inserted therein, when by then, the accused were neither interrogated 
nor they had disclosed about the place, time where they hatched the 
conspiracy and that too in FATA areas. This fact by itself would 
suggest that the investigating agency from the very beginning virtually 
acted under the influence of self-crafted theory of labeling the case of 
a high profile. Till the close of the investigation they could not wriggle 
out of that influence and did not act with fairness and application of 
Crl.A. 218/15 etc.  
10
independent mind. To the contrary, every effort was made albeit 
fallaciously to score points in the subject case after it had got 
extraordinary publicity and to earn undue fame at the cost of life of 
the accused.  
16. 
 
It is not denied that before the present occurrence two 
unsuccessful attempts at the life of former Chief of Army Staff were 
made. In the first one, a time/remote control device was detonated 
under the bridge when the cavalcade of the then General had hardly 
passed through the same. The second one was the most dreadful 
suicidal attack which was made on his cavalcade on 25th December, 
2003 near ‘Jhanda Cheechi’, Rawalpindi when explosive laden vehicle 
was blasted near his car and he narrowly escaped. It is a hard fact 
that after the second attack it was decided firmly to trace out the 
mastermind and all suspects involved in such attacks/terrorist 
activities. A massive hunt was launched by all the law enforcing 
agencies and many suspects were arrested and many were released 
after tough interrogation. Judged from this angel, the plea of the 
appellant/petitioners gets support that they were arrested earlier by 
some agency personnels and after long detention were then handed 
over to the local police.  
17. 
  
Considering the case in the above background, it would be 
fair to draw an inference that the accused were coerced and 
pressurized to make confession after remaining in the custody of the 
J.I.T. for many weeks blind foldedly at unknown places.  
18. 
 
It is an admitted fact that the petitioners (i) Abid (ii) Ishaq 
(iii) Qamar were produced before the area Judicial Magistrate on 
24.6.2008 but they refused to make confessions thus, they were 
Crl.A. 218/15 etc.  
11
remanded to judicial custody (prison). It is highly shocking and no 
prudent mind would believe the false story that when these accused 
were brought out of the court, at that point of time they disclosed to 
make confessions when by then they were to be out of the clutches 
and reach of the investigating agency. Here, intrigues were pressed 
into service and instead of complying with the order of judicial remand 
of the accused, the investigating agency disregarding the same, 
applied to the District & Sessions Judge, Rawalpindi to depute Special 
Magistrate for recording their confessions. The confessions thus 
procured with the courtesy of the Special Magistrate besides being 
irregular, have lost judicial efficacy and legal worth. Out of the two 
Special Magistrates who recorded the confessions of two sets of the 
accused, one was subsequently appointed on a high post in the 
Directorate of Anti-Corruption probably as a reward for towing his 
judicial authority with the wish and will of the investigating agency.  
      The two special Magistrates have acted the police way, knowing 
well that the accused had remained for weeks in the custody of high 
profile investigating agency but all of them were given half an hour 
time to re-think and re-compose about the making of confession. 
During half an hour time accused were made to sit in the retiring 
rooms of the two Special Magistrates. 
19. 
 
Another ludicrous mode adopted by the Magistrates was 
that on each confessional statement of each accused, the signatures of 
the Head of the J.I.T. were obtained. When confronted at the trial with 
this novel procedure they adopted, an artificial explanation was given 
to the effect that it was for the identification of the accused for making 
confession before them. Every human being invariably has some 
identification mark on his face, hands and trunk of the body which is 
Crl.A. 218/15 etc.  
12
always considered sufficient in this regard. The legitimate inference 
would be that this abnormal course was adopted for the satisfaction of 
the in-charge of the investigation. It is a classic example of violating 
the most sacred judicial obligation and breach of duty.  
20. 
 
Admittedly some of the accused were illiterate or under-
metric while some were speaking Pashto. Both the Magistrates could 
not 
understand 
the 
words 
spoken 
by 
them 
but 
no 
translator/interpreter was appointed within the meaning of Section 543 
of Code of Criminal Procedure to record their statements in the words 
exactly spoken by them. It is also strange enough that the 
investigating officer recorded the statements of both the Magistrates 
u/s 161 Cr.P.C. about the proceedings of the confession recorded by 
them, a phenomenon absolutely alien to the judicial realm.  
21. 
  
We are constrained to re-emphasize that this sacred 
judicial obligation must be performed in a strict judicial manner 
observing all safeguards and precautions as laid down in the High 
Court Rules and Orders. Printed proforma containing questionnaire is 
not to be used because it amounts to filling the blanks and is not in 
accord with the requirements of law and rules. In view of the changing 
trend of investigation, particularly in sensitive cases and keeping in 
view the phenomenon of forced disappearance of people and because 
in some cases the accused are not kept in the lock up of the notified 
police station therefore, the following additional questions may be put 
to accused person, when a situation of this nature arises, which is as 
follows:- 
(i) 
When and by whom you were arrested and 
from which place? 
Crl.A. 218/15 etc.  
13
(ii) 
Where you were kept during custody by the 
police/investigating agency? 
(iii) 
Whether previously you were produced 
before any other Magistrate for recording 
confession and you had refused to confess? 
22. 
 
The Government and all the State institutions charged with 
such duty are required to chisel out the blunt tools i.e. the 
investigating agencies and the prosecution to come to the expectations 
of the people in the changed scenario. This requires allocation of 
sufficient funds for the purpose to impart high skill and knowledge to 
these agencies including training through foreign experts. At the same 
time modern digital forensic labs/center of excellences in the provinces 
and Federal Capital be established on urgent basis with highly qualified 
staff on the subject of forensic science so that the real culprits 
involved in such ruthless and detestable crimes are timely punished for 
the crimes they commit. Even mobile, digital forensic laboratory be 
provided as a back-up force to reach any place well in time to collect 
forensic evidence from the crime scene and the surroundings. Simply 
and exclusively relying on the armed forces and semi armed forces 
killing the terrorists in encounter is not a complete solution to the 
elimination of the monster evil of terrorism. The most effective tool is 
the prevention of such crime. Effective and skillful investigation of the 
same and efficient prosecution of the terrorist in judicial process 
before the Anti-Terrorism Courts would suppress and eliminate this 
menace of high magnitude, provided further that Anti-Terrorism Courts 
are equipped with modern gadgets and all facilities provided and full 
protection is given to the Presiding Judges of such courts, the 
Prosecutors, Investigators and the Prosecution Witnesses. This would 
Crl.A. 218/15 etc.  
14
provide enough safeguards in recording of convictions in view of the 
newly emerging situation in the country.  
23. 
 
To prevent the occurrence of such crimes, the combined 
network of all intelligence agencies shall be put into correct channel to 
timely share the intelligence so collected. If the intelligence network is 
properly organized and combined together it would effectively plug the 
funding and secret financial sources now falling into the hands of the 
terrorist organizations. It is also essential that security/guards 
deployed on important installations, sensitive public places and State 
institutions shall be provided modern arms & ammunitions with 
protection gadgets so that they may be able to protect such 
places/institutions, at random targeted by the terrorists. The amount 
to be spent on such useful objectives would certainly minimize the 
needed military operations going-on in the country at the heavy cost 
from the public exchequer. The impossible would become possible if 
the outreach of the agencies/law enforcing authorities is made 
formidable and extraordinarily effective. The present system suffers 
from many loopholes and deficiencies in many ways to counter the 
menace of terrorism. All these suggestions and recommendations may 
be 
forwarded 
to 
the 
concerned 
Divisions/Ministries 
and 
the 
departments of the Provinces and those authorities who are assigned 
the task to counter the terrorism and terrorist activities. If peace and 
tranquility is fully restored it would definitely attract heavy investment 
in the country.  
 
After careful reappraisal of the evidence discussed above, we are 
entertaining no amount of doubt that the prosecution has failed to 
bring home guilt to the accused as the evidence furnished at the trial 
is full of factual, legal defects and is bereft of legal worth/judicial 
Crl.A. 218/15 etc.  
15
efficacy, therefore, no reliance can be placed on the same. In view of 
the above discussion, Jail Petitions No.249 and 454 of 2015 are 
converted into appeals. All these three appeals including Crl. Appeal 
No.218 of 2015 are allowed by extending benefit of doubt to all the 
appellants and they are acquitted of all the charges leveled against 
them.  
 
These are the detailed reasons for our short order of even date, 
which is reproduced below:- 
 
“For reasons to be recorded later, Crl.Appeal No.218/15, filed by 
Intekhab Ahmad Abbasi is allowed and for similar reasons, Jail Petition 
No.249/15 filed by Zafar Ali and Jail Petition No.454/15 filed by 
Muhammad Kabeer, Muhammad Ishaq, Qamar Zaman and Abid Khan 
in case FIR No.291 dated 6.6.2018, registered by Police Station Sadiq 
Abad, District Rawalpindi for crimes u/Ss.420, 468, 120-B/471 PPC 
read with Ss.4 & 5 of the Explosive Substances Act and section 7 of 
the ATA, are converted into appeals and accordingly allowed. All the 
appellants are acquitted of all the charges leveled against them and all 
the above named appellants be set free forthwith if not required in any 
other case.” 
Judge  
 
Judge  
 
Judge  
Islamabad, the  
30th November, 2017 
Nisar /- 
“Approved For Reporting” 
