LHC grants bail to accused in Libya boat tragedy human-smuggling case

LAHORE: The Lahore High Court (LHC) on Saturday granted post-arrest bail to a man accused in a human-smuggling case linked to a migrant boat that capsized off the Libyan coast earlier this year, killing 73 people.

Justice Muhammad Amjad Rafiq ruled that the mere transfer of money into an accused's bank account does not, by itself, establish criminal liability unless supported by evidence proving the individual's knowing participation in an organised human-smuggling network.

Allowing the bail petition of Muhammad Tahir, the court observed that investigators had established only that funds had been transferred to the Madina Traders bank account registered in the petitioner's name. However, the investigation itself concluded that the account was being operated and controlled by another individual, Akbar Ali of Gojra.

The court held that the prosecution had failed to produce evidence linking Tahir to any organised smuggling syndicate or demonstrating that he knowingly received the money as part of an illegal migration operation.

Finding that the case required further inquiry, the court ordered Tahir's release on post-arrest bail against surety bonds of Rs500,000.

The case stems from the sinking of a migrant boat off the Libyan coast on the night of April 5-6, 2026, in which 73 migrants lost their lives, including Ameer Hamza Shoukat.

According to the first information report (FIR) lodged by his brother, Kamran Shoukat, the victim had been persuaded in 2025 by an alleged human smuggler, Luqman Hakeem of Mandi Bahauddin, who promised to arrange his travel to Italy in exchange for Rs3.5 million.

The complainant alleged that payments were made in instalments into multiple bank accounts, including one linked to Khurram Shahzad, another to Zohaib Haider, one operated by AK Air Travels, and Rs900,000 deposited into the Madina Traders account associated with Tahir.

According to the FIR, the victim was allegedly taken to Libya via Saudi Arabia, where he was held captive and further ransom payments were demanded before he boarded the ill-fated vessel.

The case was registered by the FIA's Crime Circle Gujrat under the Emigration Ordinance, 1979, and the Prevention of Smuggling of Migrants Act, 2018.

During the hearing, Tahir's counsel argued that his client had no direct contact with either the complainant or the deceased and that the prosecution's case rested solely on a financial transaction that investigators themselves had attributed to another individual controlling the account.

The defence further argued that investigators had failed to pursue the transnational dimensions of the case through international cooperation while relying instead on circumstantial financial evidence.

The prosecution contended that the transfer of funds into the petitioner's account created a presumption of involvement that required explanation.

The court, however, observed that investigators had failed to establish links with foreign authorities or present evidence connecting the accused to criminal networks operating from Libya.

In its detailed order, the court also outlined the evidentiary standard required under the Prevention of Smuggling of Migrants Act, stating that investigators must establish a prima facie case through admissible documentary, digital and circumstantial evidence demonstrating intentional participation in organised migrant smuggling, rather than relying solely on suspicion or financial transactions.

The court directed the petitioner to furnish surety bonds of Rs500,000, surrender his passport, remain available for investigation and trial, refrain from influencing witnesses or tampering with evidence, and seek permission before leaving the court's territorial jurisdiction.

The judge clarified that the observations made in the order were tentative and would not prejudice the outcome of the trial, adding that the bail could be cancelled if the conditions were violated.