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                        <title>The Express Tribune</title>
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                        <description>The Express Tribune keeps you up to date with all the latest happenings from Pakistan and across the world!</description>
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			<title>Karachi violence suo motu: IG finally admits no-go areas exist</title>
			<link>https://tribune.com.pk/story/531732/karachi-violence-suo-motu-ig-finally-admits-no-go-areas-exist</link>
			<comments>https://tribune.com.pk/story/531732/karachi-violence-suo-motu-ig-finally-admits-no-go-areas-exist#comments</comments>
			<pubDate>Sat, 06 Apr 13 05:09:19 +0500</pubDate>
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				<![CDATA[naeem.sahoutara]]>
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			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=531732</guid>
			<description>
				<![CDATA[Supreme Court rejects claim that police have ‘cleared’ inaccessible localities, sticks to its one-week deadline.]]>
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				<![CDATA[Seventeen months after his predecessors continuously denied the existence of no-go areas in Karachi, Sindh’s top cop admitted to the Supreme Court that there were indeed spots in the city policemen would rather not step into.


IG Shahid Nadeem Baloch admitted this in a report submitted on Friday to a five-member larger bench of the apex court hearing the Karachi law and order suo motu case at the Supreme Court’s Karachi registry. Headed by the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, the bench comprised Justice Jawwad S Khawaja, Justice Khilji Arif Hussain, Justice Amir Hani Muslim and Justice Ejaz Afzal Khan.

The IG’s report was based on affidavits of the city’s SHOs who labelled 27 localities as ‘partially no-go zones’ for them. The report also claimed that patches of eleven other partial no-go areas have been “cleared”.

The IG’s admission seemed to have taken the judges by surprise. “So, you’ve admitted the newspaper’s report is correct,” said Justice Khilji Arif Hussain, referring to the special report published by The Express Tribune on March 23. The report contained a map showing 13 complete no-go and 29 partial no-go zones. “Yes,” replied IG Baloch, trying to convince the bench that the police were striving to improve law and order in the city without being tethered by political influence.

But Justice Khawaja didn’t seem to be satisfied. “If the 13 complete and 29 partial no-go areas still exist in the city, the police and Rangers should say “hands up” over their failure.”

The judges also expressed concern over barriers erected in various localities and questioned why a large number of policemen were deputed to escort VIPs instead of serving citizens. The bench then rejected police chief’s claim that the parts of eleven partial no-go areas had been cleared. The judges also found SHOs’ affidavits unsatisfactory as they had focused on the lack of facilities instead of listing out which spots were troublesome for law enforcers. “We reject the reports,” said Chief Justice Iftikhar Chaudhry.

The bench then ordered the IG to convene a meeting of the city’s SHOs, DSPs and SPs and explain the court’s orders to them, after which they would have to wipe out no-go areas. The bench asked the IG to file affidavits of SHOs, DSPs and SPs about the existence of no-go areas and action taken by them to eliminate them within three days.

The Rangers come next…

Shahid Anwar Bajwa, a private lawyer hired by the DG Rangers, submitted 117 reports about the Joint Investigation Team’s interrogation of suspects. Bajwa himself declared the reports as “cosmetic”, saying they lacked even the most basic information.  The judges said if a team comprising members of seven agencies - including the police and Rangers - fail to effectively interrogate cases, then the whole exercise was futile. “This means that there is complete failure,” said the bench, adding that an overhaul of the whole system is required, as both law enforcement agencies and the prosecution department were pointing fingers at each other instead of assisting the court.

Sectarian killings 

The bench also directed the IG to a submit comprehensive report within three days regarding the killing of Ahle Sunnat Wal Jamaat (ASWJ) leaders and workers. The bench also asked the provincial government to file its comments explaining why compensation assured to family members of slain men had not been paid to the relatives of killed ASWJ members.

Arshad Pappu’s missing friend

The bench gave three days to DIG Shahid Hayat to investigate and submit a report about the whereabouts of Jumma Sher alias Shera Pathan, a friend of Arshad Pappu. Sher has been missing for many days and his family doesn’t know where he is or if he’s even alive. The bench then adjourned the proceedings till April 16.

 ‘We’ll bring honest officers from other provinces’ 

The five-member bench of the apex court said that if law enforcement agencies fail to clear no-go areas, the Supreme Court had other options such as calling honest officers from other provinces to improve the situation, as was done in Balochistan.

The bench said it would wait until the one week deadline given to the provincial chief secretary to eliminate Karachi’s no-go areas over. “We are waiting for one week. After this, we will pass effective order that will start right from the chief secretary,” said Chief Justice Iftikhar Muhammad Chaudhry.

Sindh IGP listed the following areas in his report:

‘Partial no-go’ zones:

Pakhtunabad

Sultanabad

Ittehad Town

New Mian Wali Colony

Machhar Colony

Sohrab Goth

Shanti Nagar

Dalmia

Qayyumabad

Afghan Basti

Kunwari Colony

Chhota Plaza

Super Market

Hijrat Colony

Memon Goth

Sharifabad

Kati Pahari

Quaidabad

Bilawal Shah Noorani Goth

Ilyas Goth

PIB Colony

Azizabad

Jamali Goth

Drigh Road

Khokhrapar

Mehran Town

Landhi

Zones cleared:

Chakiwara, Kalakot, Baghdadi, Kalri in Lyari

Shah Rasool Colony

Safoora Goth

Hazara Colony

Sherpao Basti

Chanesar Goth

Jackson/Docks

Shershah

Published in The Express Tribune, April 6th, 2013. ]]>
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			<title>As Karachi bleeds, govt isn’t serious about strict gun laws: Judges</title>
			<link>https://tribune.com.pk/story/504191/as-karachi-bleeds-govt-isnt-serious-about-strict-gun-laws-judges</link>
			<comments>https://tribune.com.pk/story/504191/as-karachi-bleeds-govt-isnt-serious-about-strict-gun-laws-judges#comments</comments>
			<pubDate>Thu, 07 Feb 13 21:27:06 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
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			<category><![CDATA[Sindh]]></category>
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			<description>
				<![CDATA[99% of crime is committed with unlicensed weapons, points out judge.]]>
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				<![CDATA[The Supreme Court came down hard on the Sindh government for not making a serious effort on laws for illegal weapons despite having the power to do so.

“The city is burning and blood is being shed. Yet, nothing has been done in 13 months,” Justice Jawwad S. Khawaja remarked while heading a four-judge bench on Thursday.

“This is clearly non-compliance,” the angry judge told Chief Secretary Raja Muhammad Abbas and the additional chief secretary for the home department, Waseem Ahmed.

The bench is hearing a petition that wants these two officials and the police chief held in contempt for failing to follow orders to end violence in Karachi. The petitioner is Senator Haji Adil Khan of the Awami National Party.

Additional Advocate-General Adnan Karim Memon said the provincial government had proposed a new arms law but it had not been voted on in the Sindh Assembly.

Suddenly, Prosecutor General Shahadat Awan jumped in to tell the judges that legal bars prevented Sindh’s MPAs from making such laws.

“The officers are still doubtful about the powers of the provincial legislature even though the subject of arms has become a provincial subject after the passage of the 18th constitutional amendment,” the judges reminded them.

Waseem Ahmed said the home department had sent a draft of the Sindh Arms Act 2012 to the law department and four months had passed.

Chief Secretary Abbas said the government was going to computerise one million arms licenses with the help of the National Database and Registration Authority. “But 99% of crimes are committed with unlicensed weapons,” Justice Khilji quickly told the officers.

The IG said that 19,924 illicit weapons were seized from September 30, 2012 to December 31, 2012.

Published in The Express Tribune, February 8th, 2013.]]>
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			<title>Law and order case: Gambler controls Karachi police postings, SC told</title>
			<link>https://tribune.com.pk/story/490825/law-and-order-case-gambler-controls-karachi-police-postings-sc-told</link>
			<comments>https://tribune.com.pk/story/490825/law-and-order-case-gambler-controls-karachi-police-postings-sc-told#comments</comments>
			<pubDate>Tue, 08 Jan 13 05:35:12 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=490825</guid>
			<description>
				<![CDATA[Two officers testify Wasim Beater carries a lot of clout with top brass of Sindh police.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court was informed on Monday that the Karachi police was being controlled and run by a gambler called Wasim Beater — all postings and promotions of police officers in the metropolis were apparently made on his recommendations.


The revelations were made during the hearing of a petition filed by Senator Haji Adeel asking for a review of the progress on the judgment of the Karachi law and order case passed by the apex court in October 2011.

While Sindh Police Inspector General (IG) Fayyaz Laghari, Chief Secretary Raja Mohammad Abbas and Additional Chief Secretary Wasim Ahmed pleaded ignorance about the matter, DIG Hyderabad Sannaullah Abbasi and Sindh Additional IG Bashir Memon admitted before the bench, in the presence of their seniors, that Beater, a junior police officer, did in fact run a ‘gambling den’ in Karachi and possessed “great influence in the police department”.

The three-member bench expressed its dissatisfaction over non-implementation of the judgment even after more than a year and directed Sindh Advocate General Fateh Malik to present a comprehensive report with detailed progress against each point of the judgment in the next hearing.

The bench warned that contempt of court proceedings could be launched against the authorities concerned if they fail to provide the details as to what satisfactory steps have been taken to improve law and order in the country’s largest city.

During the course of the hearing, Syed Mehmood Naqvi, a resident of Karachi, who also filed a civil miscellaneous application (CMA) in the court, also alleged that Beater was a constable and was promoted to an inspector’s post with the blessing of IG Laghari and Additional Chief Secretary Ahmed. He added that the gambler seems to have become an “adopted” brother of both these senior officers.

“Every police official in the city is being transferred and posted on his recommendation. He runs a ‘gambling den’ and smuggles Iranian petrol and diesel. He provides millions of rupees to senior officers,” Naqvi alleged.

Upon this, Chief Justice Iftikhar Muhammad Chaudhry inquired from the chief secretary, IG and additional chief secretary regarding Beater but the officials expressed ignorance about any such person in the department.

“I know this criminal person. He has a gambling den in Karachi and I had taken action against him when I was SSP Saddar,” said DIG Hyderabad Abbasi in the presence of his seniors despite their refusal to accept the allegations. “Action should be taken against this criminal person who is a very powerful man,” he stated.



Additional IG Memon said, “I should tell the truth before my seniors that Wasim Beater is present among the ranks of the Karachi police. I also confirm that he is a very influential person”.

In the wake of these conflicting statements, an irked chief justice hit back at the IG and additional chief secretary. “Why are you concealing the actual situation from the court and misleading it?

“We appreciate the courage of Bashir Memon and Sannaullah Abbasi for telling the truth in front of their seniors. This suggests why the judgment is not being implemented and why Karachi’s law and order is not improving.

“If you don’t implement the judgment, we will proceed with contempt of court against you,” warned the chief Justice.

Addressing the IG, the chief justice stated, “How can you sleep in Karachi? You know how many people were killed yesterday alone? Innocent people are killed, but you are not taking any steps.

“Have you taken any step to depoliticise police as per the court’s judgment and to follow merit? Did you ever write to us after the judgment to abolish the militant wings of political parties?” asked a stern chief justice.

Towards the end of the proceedings, Justice Azmat Saeed stated, “Pakistan is our country and Karachi is its face and economic hub. Please save it.”, he maintained.

Published in The Express Tribune, January 8th, 2013.]]>
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			<title>Supreme Court bans property transfers in Karachi</title>
			<link>https://tribune.com.pk/story/472104/delimiting-constituencies-sindh-election-commissioner-requests-3-day-reprieve</link>
			<comments>https://tribune.com.pk/story/472104/delimiting-constituencies-sindh-election-commissioner-requests-3-day-reprieve#comments</comments>
			<pubDate>Wed, 28 Nov 12 06:26:36 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
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			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=472104</guid>
			<description>
				<![CDATA[Larger bench hearing the case summon record of property transfers done after Benazir Bhutto was assassinated.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court of Pakistan on Wednesday banned the transfer of property in Karachi, during the hearing of a case pertaining to the suo motu notice taken in light of violence in the city, Express News reported.

During the hearing at the Karachi Registry of the apex court, a senior member of Board of Revenue, Shahzar Shamoon, appeared before the court.

The larger bench hearing the case summoned the record of property transfers done after Benazir Bhutto was assassinated.

Delimiting constituencies: ECP secretary requests 3-day reprieve

The secretary Election Commission of Pakistan (ECP) requested the Supreme Court for a three-day reprieve for complying with the court’s order of delimiting constituencies in Karachi.

He made the request during the hearing of a case pertaining to the suo motu notice taken in light of violence in Karachi.

The bench had summoned the election commission secretary to explain the reasons for not following the apex court’s order of October 6, 2011, under the Delimitation of Constituencies Act 1974.

Secretary ECP Ishtiaq Ahmed told the court that he will meet with the chief secretary of Sindh today, government officials tomorrow and day after tomorrow he will meet with the stakeholders of all political parties from Karachi.

He said that the delimitation of constituencies will be done before the coming general elections and that it was in favour of Karachi.]]>
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			<title>Karachi unrest case: SC orders police to take Taliban infiltration seriously</title>
			<link>https://tribune.com.pk/story/460221/karachi-unrest-case-sc-orders-law-enforcement-to-take-taliban-infiltration-seriously</link>
			<comments>https://tribune.com.pk/story/460221/karachi-unrest-case-sc-orders-law-enforcement-to-take-taliban-infiltration-seriously#comments</comments>
			<pubDate>Sat, 03 Nov 12 08:15:54 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
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			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=460221</guid>
			<description>
				<![CDATA[Interim order directs IG Sindh to arrest and present in court all suspects released on parole.]]>
			</description>
			<content:encoded>
				<![CDATA[In its interim order on implementation of recommendations on the Karachi unrest case verdict given last year, the Supreme Court ordered the police and law enforcement agencies to take seriously the presence of Taliban in the city, Express News reported on Saturday.

The full bench of the Supreme Court was hearing the case pertaining to the implementation of the court’s orders in the verdict given last year after it took suo motu notice of violence and unrest in the province.

The case was being heard in the Supreme Court’s Karachi Registry.

The eight-page long interim order on the two-week long case also ordered for action and initiation of operations against the illegal immigrants in the province.

The court also ordered IG Sindh to round up all suspects released on parole and to present them in court, and directed for police recruitment to be made transparent.

Earlier, IG Sindh had presented a report on 7,000 Taliban infiltrating Karachi after the court had ordered for it.]]>
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			<title>Karachi unrest: Justice Khilji proposes sending Rangers back to borders</title>
			<link>https://tribune.com.pk/story/459244/sc-orders-sindh-police-to-submit-comprehensive-report-on-target-killings</link>
			<comments>https://tribune.com.pk/story/459244/sc-orders-sindh-police-to-submit-comprehensive-report-on-target-killings#comments</comments>
			<pubDate>Thu, 01 Nov 12 07:04:21 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category><category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=459244</guid>
			<description>
				<![CDATA[Only 3000 traffic police to control 2.7 million vehicles in the city, DIG traffic tells SC.]]>
			</description>
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				<![CDATA[Justice Khilji Arif Hussain remarked that rangers have produced no results in their 18 years in Karachi and should be sent back to safeguard the borders, Express News reported on Thursday.

The larger bench was hearing the case pertaining to the implementation of the court’s orders in the verdict given last year after the Supreme Court took suo motu of violence and unrest in the province.

The case is being heard in the Supreme Court’s Karachi Registry.

The report on target killings presented in court today stated that there were a total of 2,381 important cases including murder and out of them; only 661 suspects had been arrested while more than 3,500 remained at large.

Justice Khilji Arif Hussain remarked saying that the Rangers had been performing their duty in Karachi since 18 years and a hefty portion of the budget was being spent on them but added that the rangers had yielded no results.

He remarked that either the police should be removed from Karachi and only the Rangers be stationed here or send them back to safeguard our borders and use their portion of the budget on the police instead.

Unregistered vehicles

The Supreme Court had summoned the DIG traffic police in today’s hearing. The DIG appeared in court and upon being questioned about the state of traffic, informed the court that there were only 3000 traffic police officers in Karachi.

He said that there were around 15000 public transport vehicles in the city and around 2.7 million vehicles in total. He also informed the court that there were only 1500 police wardens available per shift to control this huge amount of traffic.

The court then issued orders to stop from operation and take action against vehicles which were unregistered, non-duty paid, internationally registered or in poor condition.

Justice Khilji Arif Hussain said that cage atop public transport buses should be removed too and remarked that there was no alternate system of public transport available for the public and that not even 10 percent of public transport drivers were licensed.

The court also ordered submission of details on unregistered government vehicles.

Target killings

Rejecting the report presented during today’s hearing, the larger bench ordered Sindh Police to submit a comprehensive report on target killings in the city over the past year.

The larger bench stated that while the police were fighting against terrorism, police officers were issuing mere Rs100 challans to unregistered vehicles and those without registration number plates.

The court asked how the situation in the city would improve at such a pace.

Sindh Government’s Finance secretary appeared in court, as did AIG Sindh Police Bashir Memon, who presented the report as directed by the court earlier.

The court was dissatisfied with the report.

Justice Khilji Arif Hussain remarked that every murder creates panic in the city and added that 90% of the people are now victims of psychological stress.

Despite this, said Justice Khilji, unregistered vehicles with flags were being driven around the city but no one was stopping these.

The court then ordered for a comprehensive report of target killings over the past year.]]>
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			<title>SC orders IG Sindh, officials to submit report on 7,000 Taliban infiltrating Karachi</title>
			<link>https://tribune.com.pk/story/458801/sc-orders-ig-sindh-officials-to-submit-report-on-7000-taliban-infiltrating-karachi</link>
			<comments>https://tribune.com.pk/story/458801/sc-orders-ig-sindh-officials-to-submit-report-on-7000-taliban-infiltrating-karachi#comments</comments>
			<pubDate>Wed, 31 Oct 12 07:36:41 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
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			<category><![CDATA[Sindh]]></category>
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			<description>
				<![CDATA[Justice Anwar Zaheer Jamali orders that all unregistered cars and motorcycles in the city should be seized.]]>
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			<content:encoded>
				<![CDATA[A judicial bench of the apex court on Wednesday ordered the IG Sindh along with other officials to submit a report regarding the infiltration of more than 7,000 Taliban in Karachi by Thursday, Express News reported.

The order was given during the Supreme Court’s hearing of the case regarding the implementation of its recommendations in the Karachi violence suo motu case.

Heading a larger bench, Justice Anwar Zaheer Jamali ordered that all unregistered cars and motorcycles in the city should be seized.

Justice Jamali said that cars are seen being driven around without bearing any registration number plates. He questioned how unregistered cars without fitness certificates even make it to the roads. “Such cars are used in criminal activities and should be seized.

He observed that due to the declining security situation, the economic activities in Karachi have almost become “zero”, however, IG Sindh and DG Rangers kept saying that “everything is okay.”

The Supreme Court adjourned the hearing till tomorrow.]]>
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			<title>These unmarked maps of Karachi are no better than wallpaper, say judges</title>
			<link>https://tribune.com.pk/story/456989/these-unmarked-maps-of-karachi-are-no-better-than-wallpaper-say-judges</link>
			<comments>https://tribune.com.pk/story/456989/these-unmarked-maps-of-karachi-are-no-better-than-wallpaper-say-judges#comments</comments>
			<pubDate>Fri, 26 Oct 12 05:37:52 +0500</pubDate>
			<dc:creator>
				<![CDATA[naeem.sahoutara]]>
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			<category><![CDATA[Sindh]]></category>
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			<description>
				<![CDATA[The government has failed to also survey state lands and keep records over the years, leading to land grabbing.]]>
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				<![CDATA[The Supreme Court judges have repeatedly asked the government and police to provide maps of Karachi showing its political and ethnic strongholds. Some maps were finally produced on the third hearing, but they were useless as they did not show the marked divisions the bench had asked for.

“Should we decorate the wall with them,” scoffed one of the judges.

After a summer of bloody violence in 2011, the Supreme Court took suo motu action and made a slew of recommendations. The administration had a year to implement them. But it has so far been unable to satisfy the court that it made all the changes that were needed to bring down Karachi’s crime rate. The maps are an important part of the picture as land grabbing, turf wars and encroachments on state land are slowly eating away at law and order.

Last October, the court had recommended the Board of Revenue survey state lands. But on Thursday, 13 months later, its officers stood in court and said they could not complete the task. They added, however, that they did have a database of existing records.

“Are you opening a new Pandora’s Box,” asked Justice Gulzar Ahmed. Why are revenue officers not paying visits to the land? He referred to the pile of cases coming to the high court challenging forged land record entries. What was the point in a database, if one record showed eight to ten owners?

The Karachi Metropolitan Corporation maps were met with similar frowns. The city’s Iftikhar Qaimkhani produced an old digital map of Karachi’s towns instead of an updated one with political or ethnic divisions as the court had said.

He went on to tell the court perhaps what it already knew, that Karachi was divided into five districts, 18 towns and was spread over 3,500 square kilometres with 1,400 square kilometres populated. He said that the Sindh government was responsible for developing potential land, which must be surveyed and records of unregistered state lands should also be maintained.

Justice Anwar Zaheer Jamali said the unregistered lands were the main reason behind the land grabbing business, which was rampant in the suburbs of Karachi and a serious factor in the deteriorating law and order conditions.

This is not the first time a court has taken up a record of state land. In 2005, the Sindh High Court had ordered a survey of all unregistered lands in province, but it has not yet been done, said Advocate General Abdul Fateh Malik. He placed the blame at the finance department’s doorstep as it had lost the paperwork with the chief minister’s approval in the middle. He hastened to add, however, that they had just found it the day before and the survey would be conducted within six months as proposed by the revenue department.

Justice Amir Hani Muslim remarked that everything would be alright once four officers from the revenue department were jailed.

“The court’s order to survey land has not been followed even after seven years, because you want the status quo to continue and the land-grabbing to thrive,” said Justice Jamali. “Why should the officers not be charged with contempt of court as all sitting and retired officers are equally responsible.”

Justice Hani pointed out that it was not a senior member of the Board of Revenue, but the Sindh government and Sindh chief secretary who should be charged with contempt of court, as the directions were issued to the Sindh government and thus the CS was supposed to implement them.

Taking serious view of the state of affairs, the court issued show-cause notices to the Sindh chief secretary, senior member of the BoR, a senior member of the KMC Master Plan office and other land department officers - either serving or retired - to explain why they should not be held in contempt for not following the 2005 orders.

KMC was told to submit a working formula to end land grabbing.

Justice Gulzar observed that it was important to not only provide people security but also spaces for recreation. There must be spaces for children to play and the elderly to visit. All such spots located in Kharadar and downtown have been sold, he mentioned.

For their part, the law enforcement authorities were able to produce their maps of the city showing how the police force had been divided. IG Fayyaz Leghari explained that according to a recent overhaul, Karachi now has 20 districts, each supervised by a Police Superintendent. (Karachi has 110 police stations, according to its website.)

Provincial Election Commission office Attaur Rehman also filed a report on their point of view on the de-limitation of constituencies in Karachi. He was directed to submit a report on why the work had not been done under the De-limitation of Constituencies Act 1974.

Published in The Express Tribune, October 26th, 2012.]]>
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			<title>One question from judge decimates long-winded police report</title>
			<link>https://tribune.com.pk/story/456988/one-question-from-judge-decimates-long-winded-police-report</link>
			<comments>https://tribune.com.pk/story/456988/one-question-from-judge-decimates-long-winded-police-report#comments</comments>
			<pubDate>Fri, 26 Oct 12 05:35:11 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
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			<description>
				<![CDATA[Have you seen any decline in crime, asks Justice Khilji.]]>
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				<![CDATA[“Have you seen any decline in crime,” came the question from Justice Khilji Arif Hussain. It was as if he said what was on the minds of every resident of Karachi.


The police chief had just finished giving the court a long-winded report of the “special measures” that they had adopted three months ago in a bid to control crime in Karachi.

For independent investigations, the investigation branch was re-established by appointing SPs to separately look into important cases. Two SPs each were appointed in the three zones of the city.

This programme was being expanded to the rest of the province, while the regular investigation branch was dealing with “routine” cases.

He went on to state the well-worn facts on the Special Investigation Unit, the Anti-Violent Crime Cell, the Citizens-Police Liaison Committee, the Anti-Car Lifting Cell.

The IG claimed that the Crime Investigation Department  - specially tasked with terrorism - had made some good catches, as 43 members of the proscribed Tehrik-e-Taliban Pakistan had been arrested this year.

Justice Sarmad Jalal Osmany asked AG Abdul Fattah Malik why there was a delay in legislation to enhance punishment for possession of illegal arms. “Why is this being asked for this province and not for the whole of Pakistan,” questioned AG Malik. The bench said every province was supposed to make a law to cater to its needs.

Judicial inquiries since the 1980s missing

The court expressed its deep concern over the lack of a record of judicial inquiries into the law and order situation in Karachi since the 1980s with the provincial home department. It also turned down a report submitted by Additional Chief Secretary for the Home department, Waseem Ahmed, stating that 15 judicial inquiries had so far been conducted since the 1980s. He conceded that no more reports were available on the home department’s records as the oldest report dated to 1997. Justice Jamali said it was strange that an official record was not maintained and files were misplaced. “They are a part of our history. You have to have kept them in the archives,” added Justice Gulzar Ahmed.

Published in The Express Tribune, October 26th, 2012.

&nbsp;]]>
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			<title>Karachi violence: SC links unrest to illegal immigrants</title>
			<link>https://tribune.com.pk/story/457095/karachi-violence-sc-links-unrest-to-illegal-immigrants</link>
			<comments>https://tribune.com.pk/story/457095/karachi-violence-sc-links-unrest-to-illegal-immigrants#comments</comments>
			<pubDate>Thu, 25 Oct 12 22:13:21 +0500</pubDate>
			<dc:creator>
				<![CDATA[naeem.sahoutara]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=457095</guid>
			<description>
				<![CDATA[Calls it a major trigger point for lawlessness in city.]]>
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			<content:encoded>
				<![CDATA[The Supreme Court highlighted on Thursday the government’s failure in dealing with as many as two million illegal migrants in the country – a majority of whom reside in Karachi.


The apex court censured the government’s inaction over the serious issue, which, it added, was deeply rooted with the deteriorating law and order situation, particularly in Karachi.

A special bench of the apex court, comprising Justice Khilji Arif Hussain, Justice Sarmad Jalal Osmany, Justice Amir Hani Muslim and Justice Gulzar Ahmed, was hearing a case regarding the implementation of its recommendations in the Karachi violence suo moto case.

The court expressed its shock at learning that only 226 people were verified as living illegally in Karachi, while urging that the matter needed its due attention.

“It is a major root cause of the law and order situation in Karachi, and needs to be addressed,” Justice Jamali stressed, while adding that the country was already over-populated and could not even cater to the needs of its own people. “How, then, can these people be legalised,” he said.

The bench observed that it would make sense for a person whose family lives in the city to be concerned about the law and order situation, but one who has no interest in the city would perhaps have no concern in this regard.

“A person fleeing Uzbekistan, Burma, Tajikistan or Afghanistan enters Pakistan, and his [fake] citizenship papers are prepared within 15 or 30 days because there is no policy,” Justice Jamali pointed out, while directing the federal law officer to submit the government’s reply on what mechanisms were being adopted to document illegal migrants.

Meanwhile, Sindh police chief Fayyaz Leghari submitted a report to the court during Thursday’s hearing, stating that the police’s special branch along with National Database and Registration Authority (NADRA) officials were evolving mechanisms to verify the disputed nationalities of people living in the city.

He added that according to a joint survey, around 878 illegal immigrants – 670 Indians and 208 Afghans – were found living in Karachi without any documentation. He added that NADRA teams would visit these localities soon to get illegal migrants registered in its database.

Justice Jamali remarked that just 878 illegal immigrants were found living in the city, while thousands others are living without citizenship in settlements on the suburbs of Karachi.

Justice Osmany regretted that the government had not been taking any steps to include illegal immigrants into its database, adding, “They must be documented. If not, then give them amnesty like America.”

On the court’s query, the Sindh chief secretary said it was the duty of the federal, instead of provincial, government to deal with the issue.

The Sindh chief secretary, however, was directed to inform the court on the next date of hearing how the Sindh government was planning to handle the issue.

Published in The Express Tribune, October 26th, 2012.]]>
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			<title>Karachi unrest case: KMC, revenue dept submit records; SC displeased</title>
			<link>https://tribune.com.pk/story/456744/karachi-unrest-case-kmc-revenue-dept-submit-records-sc-displeased</link>
			<comments>https://tribune.com.pk/story/456744/karachi-unrest-case-kmc-revenue-dept-submit-records-sc-displeased#comments</comments>
			<pubDate>Thu, 25 Oct 12 07:13:28 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=456744</guid>
			<description>
				<![CDATA[Hearing adjourned till October 31.]]>
			</description>
			<content:encoded>
				<![CDATA[In the third hearing of the Karachi unrest case follow-up, the five-member bench of the apex court was presented with records and, once again, the court was displeased with the results, Express News reported on Thursday.

In the case underway at the Supreme Court’s Karachi Registry on the implementation of the court’s verdict last year, the court had summoned for records of maps of Karachi from different departments including Karachi Metropolitan Corporation (KMC) and the Sindh Board of Revenue.

During the hearing, there was a definite change in the government’s attitude after Justice Amir Haani’s remarks yesterday where he stated that instead of wanting immunity from court appearances, officers should themselves pay special attention when the city is burning.

The change was such that the chief secretary, IG Sindh and the additional home secretary appeared in court – willingly.

As the hearing proceeded, maps of Karachi were presented on behalf of KMC, the board of revenue and other departments.

These maps, however, were old ones. They were maps of when Karachi was defined by districts and not as a town system.

The attorney general told the court that the records were being computerised and a summary of the comprehensive survey had been forwarded to the Sindh chief minister.

In response, the court stated that if manual maps were incorrect, so would be the computerized ones.

The court further remarked that surveys were ordered by the Sindh High Court (SHC) earlier too but the orders were not implemented and if the court let them go now, the orders would never be implemented.

The hearing was adjourned till October 31.]]>
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			<title>Karachi unrest case: SC displeased with Sindh government report</title>
			<link>https://tribune.com.pk/story/455711/karachi-unrest-case-sc-displeased-with-sindh-government-report</link>
			<comments>https://tribune.com.pk/story/455711/karachi-unrest-case-sc-displeased-with-sindh-government-report#comments</comments>
			<pubDate>Tue, 23 Oct 12 06:52:44 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=455711</guid>
			<description>
				<![CDATA[SC orders for removal of blockades on roads across city, including those at Bilawal House.]]>
			</description>
			<content:encoded>
				<![CDATA[Advocate General Sindh Abdul Fattah Malik presented the report on implementation of the Supreme Court’s order in the Karachi unrest case, underway at the Karachi Registry, but the larger bench expressed distrust in the Sindh government’s report, Express News reported on Tuesday.

The hearing pertains to a verdict given by the Supreme Court last year after it took suo motu notice of the unrest in Karachi.

The AG Sindh said that Karachi was a huge city where people come from all over the country, including criminals who sneak in. That is why it was hard to control them, he said.

The bench was displeased at the AG’s stance on the matter and asked whose responsibility it was to control this.

Malik admitted that it was the law enforcement agencies’ and government’s responsibility, but blamed a lack of resources for their failure to implement the court’s order.

The judges said that high ranking officials, instead of roaming around with a squad, should let the policemen do their jobs.

Justice Gulzar Ahmed said the IG Sindh should patrol the city four times a day and roam around alone, and asked how citizens would be provided protection if the IG himself roamed around the city with a squad of police out of fear. He said that if the IG was afraid, he should leave his post.

The judges further said that the police are meant for serving the citizens, not officials.

Justice Sarmad Jalal Usmani said that policemen who are part of officials' squads go around the city acting with disorderly conduct. He said that they had tried to damage his car yesterday.

Additional Home Secretary Waseem Ahmed accused courts of letting criminals walk free. He said that they had apprehended more than 8000 people for illegal possession of arms but courts had let most of the go.

Justice Khilji Arif Hussain said that  governments do not legislate for punishing criminals.

The court expressed displeasure at blockades set around the city and ordered for them to be removed, including the ones set on the road outside Bilawal House.

When Justice Amir Hani Muslim inquired where the chief secretary was, the court was informed that he was in Islamabad but nobody could say why.

Fattah Malik informed the bench that more than 1,800 people have been killed in the city between January 1 and October 20, but failed to inform of measures taken to curb these killings.

The AG Sindh informed the court of reasons why they were unable to do so, but failed to provide any satisfying answers on the implementation of the court’s order.

The hearing was adjourned till Wednesday (tomorrow).]]>
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			<title>Court lexicon: Key verdict terminology, self-explained</title>
			<link>https://tribune.com.pk/story/268719/court-lexicon-key-verdict-terminology-self-explained</link>
			<comments>https://tribune.com.pk/story/268719/court-lexicon-key-verdict-terminology-self-explained#comments</comments>
			<pubDate>Fri, 07 Oct 11 04:04:04 +0500</pubDate>
			<dc:creator>
				<![CDATA[gulraiz.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=268719</guid>
			<description>
				<![CDATA[The verbose document, however, went to great lengths to explain key terms.]]>
			</description>
			<content:encoded>
				<![CDATA[The voluminous order comprised 156 pages, but had no appendix. The verbose document, however, went to great lengths to explain key terms used therein itself or through its respondents. Some of them, listed alphabetically below, are:


Bhatta, or extortion, a normal practice, according to DG Rangers, whereby criminals, backed by political parties, collect at least Rs10 million everyday from ordinary shopkeepers, push-cart peddlers and top businessmen; a police report indicates it is collected invariably by the people who claim their association with ANP, MQM, PPP, Jamat-e-Islami, Sunni Tehrik, etc.

Courts, [institutions that] can only act upon evidence and material presented before them and have no ill-will.

Islam, a religion of peace and tolerance which stands for safety, security and sanctity of human life; abhors unlawful killing of innocent people.

Judges, have no guns to fight the terrorists, but have the authority to ensure and strengthen the hands of those who actually apply the law; cannot enter upon a public or private debate about their performance or judgments even though the criticism is highly politicised and unjustified, as it often is these days.

Karachi, the capital of Sindh and the hub of great economic and financial activity; has been allowed to expand in an unplanned way and resultantly, lacks basic infrastructure to support such a large human settlement; unjust infrastructure has divided it on ethnic and political basis, says DG Rangers Sindh.

Karachi violence, is a turf war between various groups on account of their financial and economic interests in the huge economic, industrial and commercial activities, etc of the city; considered “more serious” than the problem in South Waziristan by DG Rangers Sindh.

Life, used in Article 9 of the Constitution, includes all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally.

Police, primarily responsible to enforce law and order, has no intention to deliver; either scared or dishonest or absolutely lack the requisite skills; morale is low, [and] are caught between the devil and the deep blue sea; on one hand, they may be punished for doing their duty if it runs counter to the political objectives of the party in power and on the other, they are afraid of being shot by the persons they have apprehended, or their associates; 30 to 40% of the force declared “non-cooperative” by its chief.

Operation Clean-up, allegedly launched against Mohajir Qaumi Movement (MQM) between 1992 and 1994; a constitutional petition challenging it, filed by MQM’s Senator Ishtiaq Azhar, was fixed on various dates, but ultimately it was not pursued and dismissed for non-prosecution on October 26, 1999.

The other operation, conducted in 1996 on account of worsening law and order situation; constitutional petition challenging it filed by the MQM; case came up for hearing on January 14, 1999, but the representative of the petitioner requested for adjournment; thereafter, the petitioners never approached the court.

Published in The Express Tribune, October 7th, 2011.]]>
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			<title>Major players offer a mixed reaction to judgment</title>
			<link>https://tribune.com.pk/story/268700/major-players-offer-a-mixed-reaction-to-judgment</link>
			<comments>https://tribune.com.pk/story/268700/major-players-offer-a-mixed-reaction-to-judgment#comments</comments>
			<pubDate>Fri, 07 Oct 11 04:01:26 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hafeez Tunio]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=268700</guid>
			<description>
				<![CDATA[PPP, JI ‘disappointed’, MQM and ANP feel verdict was ‘balanced’.]]>
			</description>
			<content:encoded>
				<![CDATA[The much awaited verdict of the Karachi suo motu case elicited a spectrum of reactions from the political fraternity, ranging from incensed to appreciative, hopeful to dismissive.


“The Supreme Court’s verdict has really hurt us,” said Pakistan Peoples Party (PPP) leader Taj Haider while talking to The Express Tribune. “It has maligned our party which has given sacrifices for the independence of the judiciary.”

In his reaction to the verdict, Haider, who is also the PPP general secretary of Sindh, said the Supreme Court cannot blame the party for being involved in extortion.

“If an individual in the guise of a PPP worker demands extortion, the whole party cannot be maligned,” he said.

MQM applauds verdict

The judgment was “balanced,” said Dr Farogh Naseem, who represented Muttahida Qaumi Movement (MQM) at these proceedings.

The MQM coordination committee also  supported the verdict, and in a press release said that  “the MQM chief has time and again made it clear that there is no room for criminal elements in the party and that the MQM will continue to play its role for peace and harmony in the city”.

ANP glad that Mirza’s points were noted

The Awami National Party (ANP) welcomed in particular the verdict’s inclusion of a reference to former home minister Zulfiqar Mirza’s allegations against the MQM.

He said that the report submitted before the SC carried names of terrorists belonging to a ‘particular political party’ and hence, it was the duty of the present government to submit a reference to the court in this regard.

Action has been taken against three ANP workers accused of violence he added.

Jamaat-e-Islami ‘disappointed’

Spokesperson for the Jamaat-e-Islami (JI) Sarfaraz Ahmad told The Express Tribune that the verdict has “disappointed the nation”. People expected that the SC would issue direct orders for the elimination of targeted killings and extortion activities, but no such thing has happened, he complained.

He added that the entire nation was aware that political and ethnic groups were behind unrest in Karachi, yet only suggestions were provided as opposed to real action being taken.

Unreliable information used: Sunni Tehreek

Sunni Tehreek (ST) leader Sarwat Ejaz Qadri expressed concern over the verdict, telling The Express Tribune that the police and other law enforcement agencies had submitted lists carrying criminals’ names but had not provided FIRs. At the same time, he said that the ST welcomed the verdict and would continue to support the judiciary.

Govt must implement judgment: PML-N

“If the government does not implement this judgment, we will be left with no option but to utilise every available forum to make sure it’s implemented,” said Information Secretary Pakistan Muslim League-Nawaz (PML-N) Senator Mushahidullah Khan.

While quoting the judgment, Khan asked, “Is there any moral justification in keeping the Sindh government intact?” (With additional input by Qamar Zaman from Islamabad)

Published in The Express Tribune, October 7th, 2011.]]>
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			<title>Analysis: Within its domain, SC gives fair decision</title>
			<link>https://tribune.com.pk/story/268692/analysis-within-its-domain-sc-gives-fair-decision</link>
			<comments>https://tribune.com.pk/story/268692/analysis-within-its-domain-sc-gives-fair-decision#comments</comments>
			<pubDate>Fri, 07 Oct 11 00:10:02 +0500</pubDate>
			<dc:creator>
				<![CDATA[Anwar Mansoor Khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=268692</guid>
			<description>
				<![CDATA[If the government, police and rangers can act transparently, it would help in weeding out criminal elements.]]>
			</description>
			<content:encoded>
				<![CDATA[The suo motu case started with a bang and concluded yesterday upon the Hon’ble Supreme Court having announced its verdict and quoting James Bryce, “Patriotism consists not of waving the flag, but in striving that our country shall be righteous as well as strong,” has given a long list of actions to be taken by the provincial government.

After all, the media’s wait to sensationalise the judgment of the Supreme Court could not materialise. The judgment has criticised all political parties, holding each one of them responsible for the looting and extortion (bhatta) from the citizens of Karachi and the barbaric killings. Though after the commencement of the proceedings in the suo motu case, there was a reduction in crime, the question is whether this is temporary or would the judgment thus rendered, create some sort of permanence.

(Read: The Supreme Court on Karachi)

I do understand that the Supreme Court, while addressing the issue, was acting within the domain provided by the Constitution. One must appreciate, that remaining within its domain, the Supreme Court has rendered a judgment taking into account the entire issue at hand. Some say that the  judgment is a mild one, but I feel that it has done well for all. It is fair and has given guidelines and directions. A system of monitoring has been put in place. I do not understand why people expected more than what the Supreme Court has correctly done. What the Hon’ble Supreme Court actually said is what needs to be understood. They have said that the provincial government has failed to protect the lives, property and the fundamental rights guaranteed by the constitution. They have directed the provincial government to act according to the law and the constitution and to take action against criminal elements. It has further directed courts and tribunals to conclude the trial immediately.

The Supreme Court cannot go into the details of the killings because it is the duty of the trial courts to act and the duty of the prosecution, investigation agencies and the police to gather evidence and place the same before the courts of law.

The Supreme Court has warned politicians not to interfere in the actions of the police department. We do recall that the inspector-general of police had said that almost 30% to 40% of the officers in the police department have been appointed politically. He had further said that he had no power to even transfer a DSP and how could he then be expected to do his duty and continue to act diligently and honestly. It was his suggestion that the Police Order 2001 should be restored. Yes, what he said was correct, but this was not the forum. For this a separate action needs to be commenced. However, the Hon’ble Supreme Court has said that the provincial government would ensure non-interference in the action of the police and the Rangers, who have been directed to act diligently.

If the government, police and Rangers can, consequent to the directions of the Hon’ble Supreme Court, act transparently, across the board without any protection to any political party, it would help in weeding out criminal elements, leading to the return of Karachi as it was, peaceful and vibrant.

The writer is a Senior Advocate of the Supreme Court of Pakistan and is the president of the Sindh High Court Bar Association.

Published in The Express Tribune, October 7th, 2011.]]>
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			<title>SC tars all political parties with the same brush</title>
			<link>https://tribune.com.pk/story/268689/sc-tars-all-political-parties-with-the-same-brush</link>
			<comments>https://tribune.com.pk/story/268689/sc-tars-all-political-parties-with-the-same-brush#comments</comments>
			<pubDate>Thu, 06 Oct 11 23:52:59 +0500</pubDate>
			<dc:creator>
				<![CDATA[qaiser.zulfiqar]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=268689</guid>
			<description>
				<![CDATA[Security forces told to ignore ‘illegal orders’; special committee to monitor verdict.]]>
			</description>
			<content:encoded>
				<![CDATA[In what seems to be an expression of a lack of faith in the government, the Supreme Court has ordered that a committee headed by the chief justice of the Sindh High Court ensure implementation of the apex court’s verdict in the suo motu case on Karachi’s violence. 


The court further expressed its support to the security forces if asked to obey “any illegal orders.” The bench said that the court must be informed if leniency is shown to criminals.

As the chief justice of Pakistan read out 127 pages of the much-awaited judgment, there was dead silence in courtroom 1. The five-member special bench said that violence in Karachi over the past year was not ethnic, but a result of turf wars between groups having conflicting economic, social and political interests. The groups are supported by political parties and elements within the provincial government as well as the executive, the bench said.

(Read: Karachi suo motu - Verdict out)

The court ruled out banning any political party, including the Muttahida Qaumi Movement, against whom most parties had voiced complaints. Political parties must denounce their affiliation with criminals and stop supporting them politically and financially, the bench said, warning of punitive action against any party or person who does not do so.

In its 156-page judgment, the court said the boundaries of administrative units like police stations and revenue estates, ought to be altered instead of allowing various groups to claim and declare certain areas as “no-go areas”. The court directed the provincial government and paramilitary Rangers to take strong and decisive action to eliminate such areas in Karachi.

The bench said the Sindh inspector-general of police, and if necessary, director-general Rangers can lead the operation against the “no-go areas.”

The verdict said that the “Karachi police must be depoliticised and strengthened to fulfil its duties, otherwise law and order problems are likely to aggravate soon after Rangers withdraw their assistance.”

“Karachi has to be cleansed from all kinds of weapons by adhering to laws available on the subject, and if need be, by promulgating a new legislation,” the verdict noted. All licensed arms required for security concerns or personal safety can be retained, but these must be registered with NADRA, the verdict said.

(Read: Armed to the teeth: ‘Karachi is a volcano - once it erupts the govt won’t be able to do anything’)

The court directed the provincial government to constitute a commission to assess the losses suffered by people and said financial compensation must be given in accordance to the commission’s recommendations.

A depoliticised investigation agency should investigate cases and witnesses must be provided protection so that they may act against criminals fearlessly. The apex court further directed that prosecutors, particularly anti-terrorism courts, be appointed in a transparent manner, in accordance to the Constitution.

The court has sought a report within one month from the Sindh IGP of all missing and killed police officers who took part in an operation in Karachi in 1992 and 1996, adding that the court must be informed whether their families were compensated or not. The court directed the Sindh government to submit copies of judicial inquiries instituted since 1985.

The five-member bench stressed that the government has failed to protect the fundamental rights of citizens guaranteed in Articles 9,14,15,18 and 24 of the Constitution, adding that the federal government has failed to protect the provincial government from internal disturbances in Sindh.

(Read: The Supreme Court on Karachi)

Published in The Express Tribune, October 7th, 2011.]]>
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			<title>What happened to the 92 cops who disappeared after 1992?</title>
			<link>https://tribune.com.pk/story/268323/what-happened-to-the-92-cops-who-disappeared-after-1992</link>
			<comments>https://tribune.com.pk/story/268323/what-happened-to-the-92-cops-who-disappeared-after-1992#comments</comments>
			<pubDate>Thu, 06 Oct 11 23:50:51 +0500</pubDate>
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				<![CDATA[The force’s morale is low because criminals, politicians and terrorists don’t let them do their duty: SC.]]>
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				<![CDATA[Noting the low morale of Karachi’s police, the Supreme Court issued orders to the inspector general of police to report in a month on the disappearance or murders of all policemen who took part in the Karachi operations of 1992 and 1996.


“[The police] are conscious of the fact that so many [of them] who took part in the operations of 1992 and 1996 have disappeared or have been eliminated,” said the court in its order on the suo motu proceedings into Karachi’s violence.

The court agreed with assessments provided during the hearings, “that about 30 to 40 per cent of the police officers are non-cooperative”, not just because of political appointments but also because of the fear.

They are punished for doing their duty if it runs counter to the political objectives of the party in power and on the other, they are afraid of being shot by the men they have apprehended or their associates.

A former police officer and an important character in Operation Clean-up told The Express Tribune that he was the lone survivor as all his men who took part in that action had been targeted and killed one after another. “We lost most of our men from 2000 to 2004 during the Pervez Musharraf period,” he said. The second period was during 2006 and 2008 and then again from 2008 to 2009. “They killed with impunity.”

“Only a few of us who spearheaded Operation Clean-up are now alive but under the threat of elimination,” he said, adding that if they too were killed, no one in the entire force would ever even think of cleansing Karachi of terrorists.

He said that while the SC had referred to the Ajmal Pahari case, a prominent and fresh case of “Ishtiaq Police Wallah” had escaped its attention. He is the man behind the killing of Brigade SHO Nasirul Hasan and DSP Nawaz Ranjha. He was identified by witnesses in court and charge sheeted. The case is identical to that of Saulat Mirza (who was sentenced to killing former KESC MD Shahid Hamid). “He is a top terrorist who killed or was involved in killing many police officers,” said this former police officer. “Zulfiqar Mirza named him many times but no one noticed.” He concluded: the SC has a list of all terrorists belonging to all political parties, religious groups and a simple order for their arrests “would have done wonders”.

Published in The Express Tribune, October 7th, 2011.]]>
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			<title>‘Karachi is a volcano - once it erupts the govt won’t be able to do anything’</title>
			<link>https://tribune.com.pk/story/268428/armed-to-the-teeth-%e2%80%98karachi-is-a-volcano-once-it-erupts-the-govt-won%e2%80%99t-be-able-to-do-anything%e2%80%99</link>
			<comments>https://tribune.com.pk/story/268428/armed-to-the-teeth-%e2%80%98karachi-is-a-volcano-once-it-erupts-the-govt-won%e2%80%99t-be-able-to-do-anything%e2%80%99#comments</comments>
			<pubDate>Thu, 06 Oct 11 23:29:19 +0500</pubDate>
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				<![CDATA[As long as licences are handed out for prohibited and non-prohibited bore weapons, the crime rate will be impossible.]]>
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				<![CDATA[Karachi has turned into a “volcano”, which could erupt at any moment because pistols, revolvers, rocket launchers, machine guns are so readily available, said the Supreme Court in its orders for the suo motu case on the city’s violence.

These guns are of prohibited and non-prohibited bores, are licensed and illegal. If the volcano erupts, the government will not be able to control the violence, the SC said.

During the hearings, the inspector general of police had conceded that for the last 10 to 15 years, half a million arms licences were issued by the home department. But with the help of the National Database and Registration Authority (NADRA), they are verifying them.

Federal minister Rehman Malik had announced that they would stop issuing manual arms licences and that NADRA would issue computerised ones by August 31. But the deadline was moved to October 31. According to NADRA, the date was extended because of the flooding in Sindh and the dengue epidemic in the Punjab.

The SC has directed that Karachi must be “cleansed of all kinds of weapons under the existing law or by promulgating a new legislation”.

Criminal lawyer Shaukat Hayat supported the SC’s call for tougher new gun laws with harsher sentences and fines, the confiscation of property gained from smuggling arms and even the confiscation of vehicles which brought them to Karachi.

Hayat argued that all licences shall be cancelled and after scrutiny only people who genuinely needed them should be issued new ones. This needs to be done because a large number of licences have expired and many people have fake ones as well.

Hayat also felt that the Arms Ordinance of 1965 needs to be revisited and tweaked as giving any and everyone a license was a great mistake. Only law enforcers should have prohibited-bore arms. Right now, the problem is that the criminals have more sophisticated weapons than the police.

As Karachi does not make arms, they are either imported or smuggled in and arms dealers are also playing a part in this dirty business, the lawyer said.

During the hearings, the chief of police had said that in the past, truck-loads of arms and ammunition used to be unloaded before police stations but the police did not dare do anything.

For its part, the court noted that there are different voices that feel that the government should have started working on deweaponising Karachi. In fact, a private bill was moved by the Muttahida Qaumi Movement in the National Assembly, but it is still pending.

During the hearings, the federal government’s lawyer, Dr Babar Awan, was asked to explain how many licences were issued by Islamabad and in Sindh over the last five years. The number submitted was 180,956 licences for non-prohibited bores issued by the Sindh home department and 46,114 licences for prohibited bore arms. The largest number was 1.2 million for licences of non-prohibited bore weapons, issued by the federal ministry of interior.

Another home department official, Additional Secretary Home Department Muhammad Riazuddin, expanded on what the court meant when it said: “All licensed arms genuinely required for security concerns and personal safety may be retained but they must also be registered with NADRA.”

According to Riaz, since last year, the home department has already been working on a programme to computerise the arms licence issuance process and for the past couple of month registration with Nadra was also being undertaken. “The court has now explicitly said that all other licences not registered with Nadra should be cancelled, which is something we are already doing,” he said.

Published in The Express Tribune, October 7th, 2011.]]>
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			<title>Ethnic polarisation: Supreme Court suggests altering police station boundaries</title>
			<link>https://tribune.com.pk/story/268427/ethnic-polarisation-supreme-court-suggests-altering-police-station-boundaries</link>
			<comments>https://tribune.com.pk/story/268427/ethnic-polarisation-supreme-court-suggests-altering-police-station-boundaries#comments</comments>
			<pubDate>Thu, 06 Oct 11 23:01:35 +0500</pubDate>
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				<![CDATA[The limits should be based on administrative not political needs]]>
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				<![CDATA[In its recommendations to avoid political polarisation, the Supreme Court has observed that “boundaries of administrative units like police stations... ought to be altered so that members of different communities may live together in peace.” But what does this mean? Are the current jurisdictions of the police stations based on political or ethnic considerations?

The boundaries of the police stations are decided by the home department of each province. A senior Sindh home department official explained that the boundary of a police station can be redrawn according to administrative wishes, at any time. “The apex court has expressed its concern over the practice since such decisions to realign a police station boundaries are in effect political ones based on vested interests,” he said.

Giving an example, the official said that in Sindh’s countryside, a police station commands the area’s population and in effect means, you control your voters. “The same applies to Karachi, where different police stations that come under the power base of different political parties get their boundaries redrawn according to their wishes,” he said.

Former Sindh Inspector General of Police, Afzal Shigri, said the court’s suggestion is extremely important so that one segment of the population isn’t alienated from another, based on ethnicity. “If you don’t start redesigning the boundaries of a police station purely on the basis of administrative needs and instead resort to considering the ethnicity of an area, then in effect the police too becomes complicit in dividing the people,” Shigri said.

He gave an example: a police station could decide not to include an area within its jurisdiction just because it knows that people from that area, who not only support another political party but are also of a different ethnicity, would have to enter the police office that comes in the influence of their rival party. But this, in effect would be the “police dividing the people”.


Ethnic Divides


Katti Pahari Urdu-speaking vs. Pathan

Qasba Colony Urdu-speaking vs Pathan

Sharafi Goth Urdu-speaking vs Baloch

Banaras Chowk Urdu-speaking vs Pathan

Quaidabad Urdu-speaking vs Sunni Tehreek

New Karachi Sunni Tehreek vs Sipah-e-Sahaba

Sachal Urdu-speaking vs Afghanis

Surjani Town Pathan vs Seraiki-speaking

Malir City Urdu-speaking vs Baloch

Landhi Urdu-speaking vs Pathan

Al-Falah Urdu-speaking vs Baloch

Korangi 2 ½ Urdu-speaking vs Sindhi

Khokharpar Urdu-speaking vs Sindhi

On August 29, the IGP gave a power-point presentation in courtroom which included a list of these flashpoints in Karachi that were included in the Supreme Court document on page 27.

Published in The Express Tribune, October 7th, 2011.]]>
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			<title>Karachi suo motu: MQM welcomes Supreme Court verdict</title>
			<link>https://tribune.com.pk/story/268170/karachi-suo-motu-mqm-welcomes-supreme-court-verdict</link>
			<comments>https://tribune.com.pk/story/268170/karachi-suo-motu-mqm-welcomes-supreme-court-verdict#comments</comments>
			<pubDate>Thu, 06 Oct 11 14:07:26 +0500</pubDate>
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				<![CDATA[MQM says it has directed all units and sectors to take action against any miscreants in the party.]]>
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				<![CDATA[The Muttahida Qaumi Movement Committee (MQM) Rabita Committee on Thursday welcomed the Supreme Court of Pakistan (SC) verdict in the Karachi suo motu case and vowed to respect and uphold the decision.

A statement from the MQM said that the party was grateful to the chief justice of Pakistan and the bench for acting to protect the lives and property of the people of Karachi. The committee says the Supreme Court decision will help maintain peace in the city.

The MQM said it has directed all units and sectors to take action against any miscreants in the party.

The party has invited all stakeholders in the city to come forward and work to maintain peace in the city.

Earlier, the court had announced the verdict in the case and had ruled out a ban on the MQM.

The court had slammed the Sindh Government for failing to take effective measures against target killings and extortion.

The chief justice quoted reports of intelligence agencies saying that some criminal groups had political backing and that such elements had become part of political parties.]]>
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			<title>Karachi suo motu: Verdict out</title>
			<link>https://tribune.com.pk/story/267671/law-and-order-supreme-court%e2%80%99s-verdict-in-suo-motu-karachi-violence-case-today</link>
			<comments>https://tribune.com.pk/story/267671/law-and-order-supreme-court%e2%80%99s-verdict-in-suo-motu-karachi-violence-case-today#comments</comments>
			<pubDate>Thu, 06 Oct 11 09:00:08 +0500</pubDate>
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				<![CDATA[Supreme Court rules out ban on MQM during hearing of suo motu case on target killings in Karachi.]]>
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				<![CDATA[Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Thursday announced the verdict in the Karachi suo motu case.

In his opening remarks, the chief justice said Islam is a religion of peace and it places great importance on the life of a human being.

Justice Chaudhry said it was the responsibility of the state to protect the life and property of the people.

He said law and order affects the economic situation of the country.

The chief justice said that the law and order situation in Karachi had worsened after the 90s operation against the Muttahida Qaumi Movement (MQM).

He said that arrested alleged target killers Ajmal Pahari and Kamran Madhuri had political support.

The Supreme Court (SC) ruled out a ban on the MQM and slammed the Sindh Government for failing to take effective measures against target killings and extortion.

The chief justice quoted reports of intelligence agencies saying that some criminal groups had political backing and that such elements had become part of political parties.

The CJP also said that he was informed by Inspector General (IG) of Police that 40 per cent of the police officials had been recruited on political grounds and said that he was reluctant to act decisively.

The court said that banned outfits including Sunni Tehreek are involved in extortion, while there are allegations of the same offence against parties such as Pakistan Peoples Party (PPP), Jamat-e-Islami (JI), Awami National Party (ANP) and MQM.

The Capital City Police Officer (CCPO) Karachi has also been directed to produce certificates from Deputy Inspector Generals (DIG) on crime control, while local courts have been directed to expedite cases.

The court published the verdict on the Supreme Court website.

Details from the verdict below:

	It is the duty of the State to protect and safeguard all these Fundamental Rights including the right to life and liberty as envisaged by Article 9 of the Constitution.
	The State is duty bound to protect the life and property of its citizens in accordance with law against all the atrocities, target killings, homicide, etc. The basic human rights of life, liberty and enjoyment of one’s property have been recognized nationally as well as internationally.
	The Federation and Provinces are equally responsible to adhere to the provisions of the Constitution, particularly for ensuring the enforcement of Fundamental Rights as guaranteed by the Constitution. The Federal and the Provincial Governments, though not directly, but indirectly share their responsibility in running the affairs of the Province in accordance with the relevant provisions of the Constitution.
	There are not only Urdu Speaking, (When the Court uses the term ‘Urdu Speaking’ it is for a specific purpose. As it is the language common to all and even those who proudly speak Pashto, Punjabi, Sindhi or Baluchi, can and do speak Urdu), Pashtun, Sindhis, and Balochis, Punjabis, Saraikis, but foreigners and others also live in Karachi and all of them are the victims of violence, crime, fear and insecurity, as is evident from FIRs, reports, etc. submitted from time to time by the police department.
	Some of the hardened criminals, who associate themselves with the political parties do take support of the powerful groups/political parties as is evident from the reports of the joint investigation team of various intelligence agencies including ISI and others. These reports have been filed by Syed Iftikhar Hussain Gillani, throwing sufficient light on the criminal activities of these heartless criminals such as Ajmal Pahari, Kamran Madhuri and many others.
	It goes without saying that if the involvement of above accused persons allegedly aligned with a political party is established, it may entail serious consequences for said political party as well, because a political party cannot be formed or cannot operate in a manner prejudicial to the sovereignty or integrity of Pakistan.
	It is also astonishing that most of the accused persons nominated in crimes have got their acquittal on the plea of alibi and false involvement. We are surprised to know that the law enforcement agencies, who are supposed to conduct investigation honestly, had allegedly involved persons falsely or half-heartedly in the commission of offences in which their fellow policemen were murdered.
	It seems that the police primarily being responsible to enforce law and order has no intention to deliver. Either they are scared or they are dishonest or absolutely lack the requisite skills.
	It could be that in the year 1992 operation clean up was launched against MQM wherein statedly, the police had played an active role, but subsequently, 92 police officers/officials disappeared and up till now there is no clue of their whereabouts nor is it known that by whom, and under whose patronage, such persons were abducted and/or killed. Another reason appears to be that police force has been highly politicized, recruitments have been made on political considerations.
	It came to light during hearing of the case that in police force many police officers have been recruited on political considerations who have managed to occupy such posts for extraneous considerations and senior officers in the rank of SSP, SP and DSP etc. have been inducted into the force from other organizations without following any rules and even they have not undergone training for the purpose of policing.
	The IGP stated that presently, the total strength of police force is 32,524, out of which approximately 12,000 are performing security duties, including 8,000 deployed with VIPs and only 20,000 personnel of police force were left for the purpose of policing of 18 million people in Karachi.
	The majority of the police force performing duty in Karachi comprises brave and devoted officers and men. They risk their lives often targeted by unidentifiable enemies enjoying mobility in action. They deserve the respect of the nation.
	If the police official/officers are not sincere with the victims belonging to their own rank and file, what expectation could one have from such force, which, admittedly, stands politicized, for initiating forceful action against the culprits involved in causing target killing, brutal murders, cutting limbs of human bodies and putting the dead bodies and torsos into bags with a view to terrorizing the society as a whole in general and the inhabitants of Karachi city in particular.
	The IGP has also made before this Court another admission while giving his presentation, summary of which has been reproduced hereinabove, that there are no go areas within the jurisdiction of different police stations.
	In this view of the matter, we are of the opinion that the police without having any commitment/dedication and other reasons highlighted hereinabove, is not in a position to make any break through unless the whole force is de-politicized and their morale is boosted by the senior officers, having credible service/ training, commitment, dedication always ready to discharge their functions willingly and to the best of their ability.
	The political face of the city has been taken hostage by militant groups of political parties. Political parties are penetrated by the criminals under the garb of political groups who use party flags. The militants and criminals are taking refuge in the lap of political and ethnic parties which use the flags of these parties to commit illegal activities with impunity.
	Besides, the DG Rangers candidly conceded that bhatta [extortion money] is a normal practice and criminals are collecting bhatta, which, every day, runs into at least 10 million rupees and it is being charged from an ordinary shopkeeper, rehriwala (push-cart peddler) up to the top businessman by criminals who have got the backing of the political parties who are the stakeholders.
	Bhatta is being collected invariably by the persons who claim their association with ANP, MQM, PPP, Jamat-e-Islami, Sunni Tehrik, etc. Besides, activists of the organizations banned under the Anti-Terrorism Act, 1997 are also indulging in these activities.
	Initiation of Suo Moto proceedings by the Court sent one straight and simple message to an administration working under political pressures: “Take no political pressure from any quarter whatsoever”. This was an unstated message, but it was loud and clear.
	A depoliticized administration suddenly came to life in fighting crimes, criminals and Mafias, political and otherwise. That is what the intervention of the Court achieved. We the Judges have no guns to fight the terrorists, but we have the authority to ensure and strengthen the hands of those who actually apply the law.
	Courts can only act upon evidence and material presented before them. This has to be collected by the executive. The Courts cannot be blamed if the executive/police fail in their duty. Moreover the evidence thus collected must be evaluated according to the laws and rules prescribed by the legislature. In these especial circumstances it is for the Government to ensure that cogent evidence to support prosecution is collected and presented in the Court.
	The Court expects that a new culture of independent, depoliticized, and non-partisan prosecution comprising efficient, capable prosecutors will be established by the government to aid and assist the Courts. The Government must also depoliticize the administration/prosecution. This will be for its own good and for that of the nation. The Courts will keep a watchful eye and strike down all illegal pressures and orders that are brought to their notice.
	It may be noted that as far as offence of extortion of money is concerned, which can also be considered as bhatta, it is covered by sections 386 to 388 of the Pakistan Penal Code and also falls within the definition of terrorism given in section 6(1)(k) of the Anti-terrorism Act, 1997.
	We may reiterate here that now it is not possible under the Constitution and law for the Armed Forces to dismiss the Government by adopting extra-constitutional measures, detailed reference in this behalf, if required, can be made to the only judgment of this Court in Sindh High Court Bar Association’s case (ibid), but at the same time the chosen representatives also owe a duty to the Constitution and if they feel that on account of any political expediency they can allow the continuance of the present position of law and order in the Province, it will be at their own risk and cost, otherwise under the Constitution they are bound to secure lives and properties, ensuring the proprietary rights, freedom of movement, etc., and failing which constitutionally such government is likely to lose their right of ruling.]
	Karachi is full of arms and ammunition of prohibited and non-prohibited bores including licensed and illicit, therefore, Karachi has to be cleansed from all kinds of weapons by adhering to the laws available on the subject, and if need be, by promulgating new legislation. All licensed arms genuinely required for security concerns and personal safety may be retained but these must also be registered with NADRA.
	We direct that there must be no ‘NO GO AREAS’ at all in Karachi. If any is found or credibly reported to the Court the Police and, if required by the Provincial Government, the Rangers shall take strong and decisive action to eliminate it. Moreover, if such an area is proved to exist to the satisfaction of the Court, we may require the IGP himself, and if necessary the DG Rangers also, to personally lead the operation into such areas.
	However, we have noted that about 80 percent FIRs, which have been  registered during the last one month, have been cancelled by declaring them as “A” class and whatever progress has been made in causing  arrests of the accused, it is after  instant proceedings by this Court.
	The Federal Government could have provided assistance to the Provincial Government to control the disturbances without any delay, but we fail to understand the reasons prevailing with the Federal Government in not acting promptly as the learned counsel has himself by reciting verses from Holy Quran pointed out that killing of one human being is tantamount to killing of whole mankind.
	The morale of the police is low. Even honest Policemen are demoralized. They are caught between the devil and the deep blue sea. On the one hand, they may be punished for doing their duty if it runs counter to the political objectives of the party in power and on the other, they are afraid of being shot by the persons they have apprehended or their associates. They are conscious of the fact that so many policemen who took part in the operations of 1992 and 1996 have disappeared or have been eliminated. It is necessary, therefore, for the Police to fully and impartially investigate and find out the circumstances of each such disappearance/elimination and provide a detailed report to this Court in respect thereof.
	Both the Provincial and Federal Governments/Executives have to find out solutions of the present scenario as per provisions of the Constitution.
	Police force being principal law enforcing agency has to be de-politicized and strengthened so that they could, with full commitment, dedication, zeal and zest, perform its bounden duty, and unless there is a de-politicized police, the situation of law and order is likely to become more aggravated.
	Banning any political party including MQM, against whom all the interveners mostly had voiced complaints is not within domain of the Court.
	There are criminals who have succeeded in making their ways in political parties notwithstanding whether they are components or non-components of government, and are getting political and financial support allegedly from such parties.
	DG NADRA and the IGP will set up a special joint cell with specialized officials and experts along with SMC 16/2011 ETC. 155 sufficient manpower to establish several teams to visit on the spot and identify illegal foreigners so that they may be dealt with strictly in accordance with law after a proper hearing and opportunity to present proof of their citizenship.
	IGP shall collect the record and facts about the disappearance or elimination of all police and other officials who took part in the Karachi operations of 1992 and 1996 or were witnesses in ethnic or related crimes and present a report to the Court within the next one month.

Updated from print version (below)

Supreme Court’s verdict in suo motu Karachi violence case today 

The Supreme Court will announce its verdict in the suo motu case on Karachi violence in a development that is likely to have far-reaching political implications today, Thursday.


Chief Justice Iftikhar Muhammad Chaudhry had taken a suo motu notice on the appeal of Allama Tahirul Qadri, the head of the Tehreek-e-Minhajul Quran, in a bid to improve the law and order conditions in the metropolis, which had witnessed one of its most violent summers when at least 1,000 people were murdered in drive-by shootings.

The chief justice had issued notice to the attorney general of Pakistan (AGP), the president of the Supreme Court Bar Association (SCBA), and the president of the Sindh High Court Bar Association (SHCBA) to appear before the court on August 26 to assist in the case.

The court had sought a comprehensive report from the AGP, the chief secretary and provincial police officer (PPO) for Sindh on the deteriorating law and order situation in Karachi.

The chief justice constituted a five-member special bench headed by the chief justice and comprising Justice Anwar Zaheer Jamali, Justice Sarmad Jalal Osmany, Justice Amir Hani Muslim, and Justice Ghulam Rabbani.

Apart from Tahirul Qadri’s appeal, advocate Tariq Asad, Barrister Zafarullah of the Watan Party, had also filed petitions under Article 184 (3) of the constitution on Karachi’s law and order situation. Before the first hearing of the case, the Muttahida Qaumi Movement (MQM) had approached the registrar of the Supreme Court and expressed a desire to become a party to the case for the court’s assistance. At the first hearing, the court rejected the report submitted by the Sindh government and decided to shift the bench to Karachi.

After this happened, other political parties in Sindh also expressed a desire to assist the court on the law and order issue. The bench held 10 hearings of the case at the Karachi registry on a day-to-day basis. On September 15, the court reserved its judgment but issued a short order.

In this order, the bench had directed Sindh Advocate General Abdul Fattah Malik to submit a daily report to Justice Anwar Zaheer Jamali and Justice Sarmad Jalal Osmany on cases relating to crime in the city since July 24. The court had also asked for a report on what actions were taken against Karachi’s extortion rackets every day.

The two-member monitoring committee of the Supreme Court into the suo motu proceedings kept an eye on whatever action was taken by the police and government.

Top police and government officials were questioned on the cases against target killers and extortionists and how they were being prosecuted. During the last two weeks of September the spotlight fell on the special public prosecutors who were posted to the anti-terrorism courts. The judges asked how they could achieve results if they were on contract. At one point, Sindh Prosecutor General Shahadat Awan, who heads the department, and the advocate general who represents the entire provincial set-up, told the committee that all of the 37 prosecutors who were hired on contract, are being removed.

The reserved judgment will be announced today in court room No. 1, led by the chief justice at 1 pm.

Notices have been issued to all parties concerned, including the counsel for the parties, the AGP, the SCBA president, the president of the SHCBA, the prosecutor general and the inspector general of police for Sindh.

Published in The Express Tribune, October 6th, 2011.

_____________________________________________

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			<title>Karachi violence case: Supreme Court reserves its judgment</title>
			<link>https://tribune.com.pk/story/252941/karachi-suo-motu-cj-asks-for-certificates-proving-end-to-extortion-collection</link>
			<comments>https://tribune.com.pk/story/252941/karachi-suo-motu-cj-asks-for-certificates-proving-end-to-extortion-collection#comments</comments>
			<pubDate>Thu, 15 Sep 11 08:55:58 +0500</pubDate>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Sindh AG says hearings have already made a difference.]]>
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				<![CDATA[After a rhetoric-laden finale to its suo motu hearings into the violence in Karachi, the Supreme Court on Thursday reserved its judgment in the case.


The apex court wrapped up the proceedings in remarkably short order, concluding the case after only 10 days of hearings at the Karachi registry of the Supreme Court. The five-member bench was led by Chief Justice Iftikhar Muhammad Chaudhry, and also comprised Justice Anwar Zaheer Jamali, Justice Amir Hani Muslim, Justice Sarmad Jalal Osmany and Justice Ghulam Rabbani.

The court had begun proceedings after an upsurge of violence that left more than 400 people dead in Karachi in a period of less than two months.

Much of the last day of hearings was spent in a back and forth between the bench and the government’s lawyers, with the former accusing the latter of giving political speeches rather that providing solutions to the problem. The hearing seemed more like a public policy debate rather than a hearing in a courtroom.

The judges, especially Chief Justice Chaudhry, kept asking the government to provide a way forward for curbing the violence and lawlessness in the country’s largest city – the third largest in the world.

(Read: Sorting out Karachi’s troubles)

The bench directed the Sindh Advocate General Abdul Fattah Malik to submit a daily report to Justice Anwar Zaheer Jamali and Justice Sarmad Jalal Osmany on cases relating to crime in the city since July 24.

The apex court also asked its subordinate judges presiding over such cases to deliver verdicts as soon as possible. The Sindh chief secretary was asked to provide assistance to the courts.

The bench requested the head of the Karachi Police to provide certificates signed by the city’s four deputy inspectors general about the measures being undertaken to curb extortion in the country’s financial and commercial capital.

The court also asked for a report on actions taken against the Karachi’s extortion rackets every day.

While the court’s hearings may have wrapped up relatively quickly, provincial government officials in Sindh feel that it seems to have made a difference already. The Sindh attorney general said that conditions in Karachi had improved following the suo motu case. He said that extortion, in particular, had decreased.

(Read: Extortion - Pay up or die!)

Chief Justice Chaudhry also expressed his desire that those responsible for the deaths of policemen during the intense police/military operations in 1992 be brought to justice.


Published in The Express Tribune, September 16th, 2011.]]>
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			<title>Karachi suo motu case: SC hands tied as govt assists criminals, says CJP</title>
			<link>https://tribune.com.pk/story/252790/karachi-suo-motu-case-sc-hands-tied-as-govt-assists-criminals-says-cjp</link>
			<comments>https://tribune.com.pk/story/252790/karachi-suo-motu-case-sc-hands-tied-as-govt-assists-criminals-says-cjp#comments</comments>
			<pubDate>Thu, 15 Sep 11 02:00:02 +0500</pubDate>
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				<![CDATA[zeeshan.mujahid]]>
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			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=252790</guid>
			<description>
				<![CDATA[Babar Awan denies ‘failure’ to control Karachi situation, says govt needs ‘an attention call, not a wakeup...]]>
			</description>
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				<![CDATA[In a stunning rebuke of the government’s inability to curb ‘anti-state activities’, the Supreme Court termed the executive branch’s  inaction as being tantamount to ‘assisting criminals’, adding that its hands were tied under such circumstances.

During Wednesday’s suo motu proceedings into Karachi violence, Supreme Court Chief Justice Iftikhar Muhammad Chaudhry said that criminals were “roaming around, free from any fear,” while the government “turns a blind eye.”

“Look at [Interior Minister] Rehman Malik’s statements, admitting that he can disclose the names of target killers in public if permitted by us (the Supreme Court),” he said, adding that Malik also admitted that 16,000 acres of government land is encroached by influential people, including those from the ruling PPP.

“Claims and arguments that things are improving are unimpressive after the statement by the interior minister,” the court said.

The CJP observed that the DG Rangers also stated he was helpless in the Karachi situation due to the absence of authority. He added that while the apex court appreciates efforts by the police, till this day the government has been far from forthcoming and has failed to denounce the criminal elements within the ranks of political parties.

The bench referred to the investigation of Ajmal Pahari, saying that the Joint Investigation Team (JIT) report was placed on record by an attorney of the Awami National Party (ANP), not by the government. In this regard, the bench rhetorically questioned whether the government possessed the JIT.

Representing the government, Senator Babar Awan told the court to give the government credit for “speaking the truth before the court”.

“People were killed and slaughtered and the injured were unable to go to hospitals in areas that had influences of another community; the government calls this successful?” the CJP asked Awan.

Further mentioning Malik’s statements regarding the 16,000 acres of government encroached land, Justice Amir Hani Muslim said that evidently the government is privy to the encroachment.

“This is a very sweeping statement,” said Awan.

Senator Awan elaborated the ‘13 steps’ taken by the government to improve the law and order situation in Karachi.

Dissatisfied, the court asked, “If [these steps were actually taken] what improvement has been brought during the past eight months?”

However, Awan was unable to answer when asked how many JITs were conducted during the past weeks of violence in Karachi.

(Read: Babar Awan downplays Karachi volatility)

He, however, said that government has the will to control the situation in Karachi and there were ample instances, actions and directives taken on part of the executive head.

Published in The Express Tribune, September 15th,  2011.]]>
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			<title>Suo motu hearing: 'Karachi situation will improve after SC verdict'</title>
			<link>https://tribune.com.pk/story/252116/suo-motu-hearing-karachi-situation-will-improve-after-sc-verdict</link>
			<comments>https://tribune.com.pk/story/252116/suo-motu-hearing-karachi-situation-will-improve-after-sc-verdict#comments</comments>
			<pubDate>Tue, 13 Sep 11 21:16:09 +0500</pubDate>
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				<![CDATA[express]]>
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			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=252116</guid>
			<description>
				<![CDATA[During the hearing, CJP says security in city has improved since the apex court took notice of violence.]]>
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				<![CDATA[Chief Justice Iftikhar Mohammad Chaudhry on Wednesday said the security situation in Karachi will improve  after the Supreme Court gives its verdict on the case.

The chief justice made this remark during the hearing of the suo motu case on Karachi violence which is underway at the Karachi Registry of the Supreme Court.

During the hearing, the chief justice  also vowed that the government will be on alert after the verdict.

Sindh High Court Bar Association President Anwar Mansoor said  that there are linguistic, political and religious clashes in the city.

However, the chief justice asserted that there is no Shia-Sunni dispute in  Karachi.

The CJ said that the situation in Karachi was depressing and worse than Waziristan.

He also expressed concern over the Inspector General (IG) Sindh Wajid Durrani’s comment that about 30% of the police were terrorist sympathisers.

Meanwhile, Justice Jalal Usmani said that there was a lack of political ethics by the government which is why the country had witnessed military interventions.

Justice Usmani further said that the government had “totally failed” and the law and order situation was purposely being kept this way.

The chief justice said that whenever the government neglects its duties such a situation will arise and that the government needs to reinforce its writ rather than “looking at bodies on the roads and in gunny bags”.

He asserted that the SC will not care about who gains or loses as an outcome of the verdict, but the verdict will be according to the four pillars of the state.

Justice Chaudhry said that 310 people had been killed in targeted killings in 2011 and it would be “sad” if someone claims that the current government is a successful one.

“The Court will try its best to support the government to develop the will to control law and order” he added.

The chief justice also expressed dissatisfaction over the fact that the Joint Investigation Team (JIT) report was not submitted directly by the government but through other means.

He also took a notice of the Interior Minister Rehman Malik’s statement that said that the target killers are being arrested and they belong to “all the political parties” which the CJ said was a matter of concern.

The CJ also asserted that everyone denounced the criminals and that they will not be protected. He said that the criminals will have to surrender after they will have “nowhere to go”.

He also said that foreign writers are writing articles on these lines  for their personal gain.

The case is being heard by a special five-member larger bench headed by Chief Justice Iftikhar Muhammad Chaudhry, comprising Justice Anwar Zaheer Jamali, Justice Sarmad Jalal Osmany, Justice Amir Hani Muslim and Justice Ghulam Rabbani.

During the hearing, Chief Justice Iftikhar Muhammad Chaudhry remarked that after the apex court’s decision, the situation in Karachi has taken a turn for better.

Earlier today, Attorney General Maulvi Anwarul Haq informed the court that the situation in the city had improved after the CJ had taken a suo motu notice of the Karachi violence.

The chief justice said yesterday that the civilian government should perform better than a dictatorship, as the SC resumed the Karachi violence suo motu hearing.

CJ tells Awan to bring 'practical thoughts' to court

Senator Babar Awan continued his argument which he raised during yesterday’s hearing.

Awan came up with an article which said that the head of the armed forces is also an executive on which the CJ shunned him and said whenever the executive is referred it is the government.

He also advised Awan to remain focused on the ongoing case and bring “practical thoughts” to the court.

Awan told the court that before giving out any judgment it should be clear that globally and regionally people are trying to make Pakistan a failed state.

The senator also said that Pakistan is a nuclear power and that “failure is not an option”.]]>
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			<title>Karachi suo motu: CJ says civilian govt should perform better than dictatorship</title>
			<link>https://tribune.com.pk/story/251378/karachi-suo-motu-cj-says-civilian-govt-should-perform-better-than-dictatorship</link>
			<comments>https://tribune.com.pk/story/251378/karachi-suo-motu-cj-says-civilian-govt-should-perform-better-than-dictatorship#comments</comments>
			<pubDate>Tue, 13 Sep 11 08:25:51 +0500</pubDate>
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				<![CDATA[express]]>
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			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=251378</guid>
			<description>
				<![CDATA[Attorney General says situation in Karachi improved after chief justice took suo motu notice.]]>
			</description>
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				<![CDATA[Chief Justice Iftikhar Muhammad Chaudhry on Tuesday said the civilian government should perform better than a dictatorship, as the Supreme Court resumed the Karachi violence suo motu hearing.

Speaking during the hearing, the chief justice said that the time to take action had come.

Earlier today, Attorney General Maulvi Anwarul Haq informed the court that the situation in the city had improved after the chief justice had taken suo motu notice.

He asserted that the army was not needed in the province and said that only the federal and provincial governments could call the armed forces in Karachi if it was needed.

The attorney general admitted that the police had not taken action against terrorists.

Justice Anwar Zaheer Jamali, a member of the bench, also criticised the government for its failure to curb bloodshed in Katti Pahari.

During the previous hearing, the Inspector General of Police (IG) Sindh Wajid Ali Durrani had confessed that an incomplete FIR had led to exoneration of alleged attackers.

The bench had earlier ripped apart the Sindh police’s handling of the investigations into the massacre in the metropolis, where over 400 people died in three months.]]>
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			<title>The military and the Karachi situation</title>
			<link>https://tribune.com.pk/story/248777/the-military-and-the-karachi-situation</link>
			<comments>https://tribune.com.pk/story/248777/the-military-and-the-karachi-situation#comments</comments>
			<pubDate>Fri, 09 Sep 11 17:23:29 +0500</pubDate>
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				<![CDATA[editorial]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Army can’t pull off something that the civilians can’t, is right in staying away from the political morass in Karachi.]]>
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				<![CDATA[Chief Justice of Pakistan Iftikhar Muhammad Chaudhry remarked during the honourable Court’s suo motu hearings in Karachi on September 8 that it was conditions like those prevailing in Karachi that had a way of leading to military takeovers in the country. He said: “The men in uniform have always used a breakdown in law and order to send a democratic government packing. We have closed the door on military intervention; but at the same time, democracy has to deliver while adhering to the Constitution.”

The Court had been requested by a lawyer on behalf of the Baloch Ittehad Tehreek to call in the army to control the law and order situation in Karachi. The answer he got was an indirect reference to the Supreme Court’s verdict against a military takeover through martial law by General Musharraf in 2007. This verdict overrode the earlier verdict that had endorsed the takeover by General Musharraf in 1999. If the politicians have forgotten that legal milestone, the Supreme Court has not; or cannot. General Musharraf’s overthrow of the PML-N government was acclaimed by the opposition politicians and thereafter a civilian-military mix of governance ruled over the country. The Kargil misadventure, carried out by an army chief without the complete consent of a prime minister ruling with a two-thirds majority in parliament, was forgotten. The Supreme Court, earlier attacked by the same government, had gone along with Musharraf’s rule. In 2007, when Musharraf tried to bend the Supreme Court to his will, the civil society of Pakistan joined the lawyers’ community to foil him. If this is the jurisprudence against military takeovers, why are all politicians, from the MQM to the ANP, calling on the army to ‘do something’? For its part, following a recent corps commanders’ meeting, the army expressed its dissatisfaction over Karachi but it has no stomach for a takeover. And that is good because if it makes any mistakes, they will be related to its unwise policy of pronouncing on populist non-military causes. The military should abide by its constitutional mandate of guarding the frontiers of the country and, in the current situation of fighting terrorists, and let politicians clean up the mess that they have created themselves. That is the only way through which the latter will mature and the country’s institutions grow. Thankfully, the one political party with clout inside the army, the PML-N, has manfully resisted the temptation this time around. Its leader, Nawaz Sharif, would rather see the PPP government’s tenure completed than see it curtailed courtesy an army intervention. The army has little cause to topple the PPP government because the government is adhering to its unrealistic diktat on foreign policy. Whatever is the cause of the army’s abstention in 2011, it is good for Pakistan and certainly good for its nascent democracy. The military has reversed some of the practices of Musharraf in its new approach to issues. It disagreed with his policy of first taking over in anger over the civilian government’s efforts to normalise relations with India, but then proceeded to do the same thing. It has revived ‘strategic depth’ and is in the process of pulling out of the American orbit of global power. It cannot jeopardise this project by fighting terrorists in Karachi, a fight that it is not trained for.

The army can’t pull off something that the civilians can’t. Because of its supremacy and its frequent takeovers, civilian and constitutional institutions have become weak. And the reason behind the malfunction of democracy lies in precisely this. The current army chief, knowing this, has discontinued some past practices. Musharraf had placed more than 1,000 active and retired officers in various ministries, such as education, transportation, railways, sports and culture, as well as in semi-autonomous institutions such as the National Highways Authority and the Water and Power Development Authority. This ended up weakening the institutions and corrupting the inductees. The military is right in staying away from the political morass in Karachi. It must fight al Qaeda and the Taliban and do its utmost to prevent terrorism in Pakistan from spilling into China. Its earlier spilling into America and Europe has not benefited Pakistan.

Published in The Express Tribune, September 10th,  2011.]]>
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			<title>Karachi violence case: 30% of Karachi policemen terrorist sympathisers, says IG</title>
			<link>https://tribune.com.pk/story/248548/karachi-suo-motu-ig-sindh-says-hands-tied-hearing-adjourned-till-sept-13</link>
			<comments>https://tribune.com.pk/story/248548/karachi-suo-motu-ig-sindh-says-hands-tied-hearing-adjourned-till-sept-13#comments</comments>
			<pubDate>Fri, 09 Sep 11 07:51:52 +0500</pubDate>
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				<![CDATA[zeeshan.mujahid]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=248548</guid>
			<description>
				<![CDATA[&quot;Whenever a case with a political affiliation comes, action is taken but nobody is ready to register a FIR,&quot;...]]>
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				<![CDATA[Alluding to the Supreme Court’s criticism of inherent weaknesses in police investigations, the Sindh police chief confessed on Friday that an incomplete FIR had led to exoneration of alleged attackers.


The terrorists, Sindh Inspector-General of Police (IGP) Wajid Ali Durrani said, were involved in an attack on a bus carrying policemen in Korangi. “Thirty per cent of the police force sympathises with them [criminals],” he claimed.

The IGP was testifying before a five-member bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry, which is hearing a suo motu case into a horrific spell of violence in Karachi. The bench had earlier ripped apart the Sindh police’s handling of the investigations into the massacre in the metropolis, where over 400 people died in three months.

“This is one of the operational problems that we face,” Durrani said. “Whenever a case with a political affiliation comes to the fore, action is taken but nobody is ready to register a FIR.”

“Time and again, the court has extended its support to the police to take non-discriminatory action against terrorists, extortionists, kidnappers and mafias,” Justice Chaudhry said. “Bring a qualitative change in your force.” In a surprise move, Durrani described himself as ‘a powerless IGP’.

“Under the Police Order of 2002, considerable powers were given to the provincial police officer (PPO) but the Sindh Assembly repealed that order. [Now] I can only appoint and transfer officers up till the level of deputy superintendent of police. If I have to remove a senior superintendent of police, I have to make a request to the provincial home minister,” he said.

Then you cannot be held accountable for failures of your department, observed Justice Sarmad Jalal Osmany.

“The order has a constitutional guarantee. It is a protected ordinance and open to judicial scrutiny only,” the CJ observed.

The bench then specifically inquired about the bus attack, an alleged abduction, targeted killings and recovery of a body from a gunny bag, and if the IGP was aware that two main accused were exonerated by the administrative judge of an anti-terrorism court of Karachi.

(Read: Supreme Court on Karachi violence)

When the case was brought before an anti-terrorism court, the witnesses to the arrest retracted their statements and said they had only testified under a SHO’s pressure. “Have you suspended him as you suspended the investigating officer?” the CJ asked.

“What action was taken against police officers when this came to your knowledge?” asked Justice Amir Hani Muslim.

The bench then asked the IGP about officers who had gotten ‘shoulder promotions’. But as Durrani tried to evade the question, the bench told him that about 900 officers had been promoted unfairly.

The bench pointed out a Supreme Court judgment, which requires removal of these officers. All provinces have implemented it except Sindh, the bench said.

Assistant Inspector-General (legal) Anwar Subhani, assisting the IGP said that a Supreme Court bench has held the order in abeyance in an appeal filed by affected officers.

The bench told him to file an application before the deputy registrar. so that it can call the file and look into it at the next hearing on September 13.

“The message that the people are getting is that police is capable but shies away (from fulfilling its responsibilities),” the CJ said. “Police officers are either incompetent or dishonest,” said Justice Muslim.

(Read: Solving Karachi troubles)

Babar Awan speaks

While the Supreme Court conducted its hearing, former law minister Babar Awan said that judges and generals cannot interfere with executive authority.

“Any such incursion will be a violation of the constitution and attracts Article 6 of the constitution (high treason),” Awan said in an informal talk with reporters covering the suo motu proceedings.

Soon after the proceedings were adjourned, Awan invited the press corps for tea and had a talk in the bar room of the Supreme Court’s Karachi Registry.

“People are killed in packed courtrooms in Punjab. Can a judge in whose court a person is killed be held responsible for the killing? Similarly, the federation cannot be held responsible for killings in Karachi or any other part of the country,” he said in an apparent reference to repeated observations by the court that prima facie, the government and its machinery has failed in protecting lives and properties of its citizens and thus fundamental rights of people are being violated.

“It does not matter if people call us cowards…We will not abandon our policy of reconciliation,” Awan said. “Only a political solution can solve problems. A religious or judicial decree cannot bring people closer.”

Before the Supreme Court took notice of the situation, parliament took note, he said. “Exercising the executive authority is the sole prerogative of the elected representatives of the people of Pakistan.”

 

 

(Read: Startling remarks)

Published in The Express Tribune, September 10th, 2011.]]>
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			<title>Situations like Karachi lead to military takeovers: Chief Justice</title>
			<link>https://tribune.com.pk/story/247849/situations-like-karachi-lead-to-military-takeovers-chief-justice</link>
			<comments>https://tribune.com.pk/story/247849/situations-like-karachi-lead-to-military-takeovers-chief-justice#comments</comments>
			<pubDate>Thu, 08 Sep 11 08:50:02 +0500</pubDate>
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				<![CDATA[ppi]]>
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			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=247849</guid>
			<description>
				<![CDATA[CJ says breakdown in law and order always used by army to send democratic governments packing.]]>
			</description>
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				<![CDATA[Chief Justice of Pakistan (CJ) Iftikhar Muhammad Chaudhry on Thursday said it was situations like the one in Karachi that lead to military takeovers. The chief justice was speaking during the suo motu hearing on violence in the city.

The five-member bench, which is headed by Justice Chaudhry, said it was not happy with the “one-sided” arguments being presented by Muttahida Qaumi Movement (MQM) counsel Farogh A Naseem.

The chief justice asked why the MQM had not presented a list of other innocent people killed in Karachi and why only a list of party workers and supporters had been presented.

During the hearing, the MQM counsel also accused the Awami National Party (ANP) and Lyari gang members of involvement in incidents of kidnappings and killings. The chief justice asked where the names of ANP members accused of target killings were in the First Information Reports (FIR) filed.

The MQM counsel said more than 36 people had been killed and their homes torched in Pashtun-dominated areas on August 13. He argued that the MQM had pointed out 26 points in the city where there was a dire need of setting up checkposts.

The MQM counsel also requested the court to review Zulfiqar Mirza’s statement in which he claimed to have issued 300,000 thousand arms licences.

Advocate General (AG) of Sindh Abdul Fatah Malik had earlier presented a report on the 1992 Army Operation in Karachi to the bench as the suo motu hearing on violence in the city resumed.

Meanwhile, Baloch Ittehad counsel Jameel Ahmed has requested the court to call in the army to control the law and order situation in Karachi.

Officials of the Inter-Services Intelligence (ISI) have arrived in court and will be appearing before the bench.

On Tuesday, Chief of the paramilitary Pakistan Rangers Sindh had called Karachi’s situation graver than that of terrorism-hit South Waziristan but solvable once the state decides to act against criminals.

“Karachi, unfortunately, has political, ethnic and religious polarisation. The problem begins as an ethnic one but once that is quelled, religious violence erupts,” Maj-Gen Ijaz Chaudhry told the five-member bench of the Supreme Court.

Updated from Print edition (below)

Karachi violence: Democracy must deliver now, says SC


The men in uniform have always used a breakdown in law and order to send a democratic government packing, the Supreme Court chief justice has said, warning a seemingly hapless democratic government to put its act together and secure Karachi.

“We have closed the door on a military intervention but at the same time, democracy has to deliver while adhering to the Constitution,” Chief Justice Iftikhar Muhammad Chaudhry said, as the court continued its proceedings into the Karachi violence suo motu case on Thursday.

The bench, which had earlier criticised Sindh’s police force for inherent weaknesses in its investigations, dwelled on the failings of the political system which had led to the massacre in Karachi that saw over 400 people killed.

“The entire situation in Karachi is due to the policy of remaining in or grabbing power,” said a member of the bench. “If all political parties expel criminal elements [within their ranks], Sindh can become the safest area.”

Referring to appointments at senior police positions, the CJ said that as many as 14 officers who had been posted had no training. “We have a list. People from [unrelated organisations such as] the Pakistan Electronic Media Regulatory Authority (Pemra) and National Accountability Bureau (NAB) were brought in. Two of them are retired military colonels. They had never seen a police academy,” he said, addressing the Muttahida Qaumi Movement’s (MQM) counsel Farogh Naseem who opened the party’s arguments at the hearing.

“Why did the MQM keep quiet on such postings?” the CJ asked.

“The MQM repeatedly opposed such appointments but as coalition partners, we were powerless and hence left the coalition,” Naseem said.

But the bench rejected the argument, saying the MQM had stuck to its government. “The parties in the coalition must be more worried about bodies in gunny bags than clinging to power,” observed Justice Sarmad Jalal Osmany.

“Why is the situation’s gravity not being realised?” the CJ said. “It will invite those who come and say ‘my dear countrymen’,” he said, referring to the army.

(Read: Army voices its concerns over Karachi)

Naseem reiterated that the MQM had walked out of the coalition for the people’s sake. “No, you came out for yourself,” Justice Osmany responded.

“Improved law and order is in the interest of the party and the people it represents,” the MQM counsel said. “MQM is a clear and most dominant stakeholder,” Naseem said, citing the results of the 2008 general elections.

Giving figures of MQM workers and supporters killed between 2008 and 2011, Naseem said that the party remained in the coalition as “a powerless component” to keep Karachi stable and avoid derailment of democracy.

Holding the Peoples’ Amn Committee responsible for killing party workers, MQM alleged complicity between rival parties against MQM.

He said that either the chief justice or a high court judge be appointed to monitor police investigations. “Do you want us to appoint a judge as IG police?” the CJ asked.

Later, the bench was briefed by officials of the Inter-Services Intelligence agency (ISI) in the committee room. Attorney-General of Pakistan Maulvi Anwarul Haq had earlier informed the bench about the briefing and requested confidentiality.

Hearing was adjourned till Friday, after which the bench will resume proceedings on September 13.

Meanwhile, the Supreme Court has been requested to summon MQM chief Altaf Hussain, former Sindh home minister Zulfiqar Mirza and Interior Minister Rehman Malik in the light of accusations that they have levelled on each other.

The petition has been filed by Advocate Tariq Asad who had earlier moved the court to call the army in Karachi.

“Whether any political party operating in a manner prejudicial to the sovereignty or integrity of Pakistan or indulging in terrorism is not liable to be dissolved/banned under Articles 15 and 16 of Political Parties Order 2002?” the lawyer has asked in his petition.

If the allegations levelled against the MQM are proved, the party and other parties should be banned and the federation should be directed to call the armed forces to conduct a clean-up operation in aid of civil power, Asad prayed.

(With additional reporting by Qaiser Zulfiqar in Islamabad)

Published in The Express Tribune, September 9th,  2011.]]>
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			<title>Zulfiqar Mirza should file affidavit if he wants to appear in court: CJ</title>
			<link>https://tribune.com.pk/story/247009/zulfiqar-mirza-should-file-affidavit-if-he-wants-to-appear-in-court-cj</link>
			<comments>https://tribune.com.pk/story/247009/zulfiqar-mirza-should-file-affidavit-if-he-wants-to-appear-in-court-cj#comments</comments>
			<pubDate>Wed, 07 Sep 11 08:46:49 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=247009</guid>
			<description>
				<![CDATA[Awami Tehrik leader says MQM an 'al Qaeda style international terrorist outfit'. Suo motu hearing continues.]]>
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			<content:encoded>
				<![CDATA[Chief Justice of Pakistan Iftikhar Muhammad Chaudhry on Wednesday said Zulfiqr Mirza should submit an affidavit in court if he wants to appear before the five-member bench hearing the Karachi violence suo motu case.

During today’s proceedings, the apex court continued to criticise Sindh Police and pointed out inherent weaknesses in its investigation reports.

Awami Tehrik leader Rasool Bux Palejo also appeared before the bench today and gave his statement. He alleged that the Muttahida Qaumi Movement (MQM) was an “al Qaeda style international terrorist outfit” and reminded the court of a Canadian Federal Court verdict against the party in 2007.

The court had upheld a decision of the immigration board that had said there were “reasonable grounds” to believe the MQM had been involved in “acts of terrorism.”

Director General Rangers (DG) Sindh Ijaz Ahmad Chaudhry also appeared before the court and said that miscreants in Karachi were carrying out their activities under the flags of political parties.

The MQM has also filed a request to be a party in the case.

The chief justice, on Tuesday, had said that some quarters were unhappy with the suo motu notice.

“If even a single person is killed, the government is responsible. Elected representatives are sitting in the assemblies. The Senate is working. Why, then, is there so much helplessness? It is all a political gimmick,” he had said.]]>
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			<title>Karachi businessmen back off for fear of gangs</title>
			<link>https://tribune.com.pk/story/246833/karachi-businessmen-back-off-for-fear-of-gangs</link>
			<comments>https://tribune.com.pk/story/246833/karachi-businessmen-back-off-for-fear-of-gangs#comments</comments>
			<pubDate>Wed, 07 Sep 11 05:32:56 +0500</pubDate>
			<dc:creator>
				<![CDATA[farhan.zaheer]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category><category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=246833</guid>
			<description>
				<![CDATA[Business community divided over whether to become a petitioner in SC hearing for fear that the mafia will target them.]]>
			</description>
			<content:encoded>
				<![CDATA[Although Karachi’s business community wants the government to go after extortionists, it is divided over whether to become a petitioner in the Supreme Court’s suo motu notice for fear that the mafia will eventually target them.


Businessmen who had announced on Tuesday that they will file a petition in the court seemed to back off from the decision.

“The Karachi Chamber of Commerce and Industry is not considering becoming a party to the case,” said KCCI President Saeed Shafiq but added that some industrialists might want to contribute in an individual capacity.

Wahab Lakhani, who chairs the SITE Association of Trade and Industry, reserved comment on the case, saying the matter was subjudice. However, he said, as an association they were not filing a petition.

“It is no secret that businessmen are so scared of political parties that they do not file FIRs against extortionists,” said a leading businessman, requesting anonymity. “It is true that the situation will not improve until businessmen come forward, but who will risk his life?”

Published in The Express Tribune, September 7th,  2011.]]>
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			<title>Hearing on Karachi violence: Critical SC rips apart police investigation reports</title>
			<link>https://tribune.com.pk/story/246924/hearing-on-karachi-violence-critical-sc-rips-apart-police-investigation-reports</link>
			<comments>https://tribune.com.pk/story/246924/hearing-on-karachi-violence-critical-sc-rips-apart-police-investigation-reports#comments</comments>
			<pubDate>Wed, 07 Sep 11 01:48:17 +0500</pubDate>
			<dc:creator>
				<![CDATA[zeeshan.mujahid]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=246924</guid>
			<description>
				<![CDATA[Referring to separate JIT reports and FIRs, court questions progress.]]>
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			<content:encoded>
				<![CDATA[As the Karachi violence suo motu case proceeded on Tuesday, the Supreme Court continued its criticism of the Sindh police and pointed out inherent weaknesses in its investigation reports.


Sindh advocate-general Abul Fattah Malik, who was asked in Monday’s hearing to arrange a screening of videos showing torture cells, prayed to the court for 15 minutes of hearing.

He also requested the court that the videos be screened in the CJ’s chamber instead of the courtroom, as some portions were not for everyone to see.

The videos, including those made through mobile phone cameras, showed the terrorists torturing victims, manslaughter, sexual abuse and the discovery of torture cells by Pakistan Rangers.

After the screening, the court asked police officers, including Durrani, assistant inspector-general (legal) and the responsible senior superintendent of police (SSP), about the FIR of an incident where a bus was set ablaze with passengers inside it.

Justice Ghulam Rabbani asked the SSP to read out the FIR, according to which two of the accused claimed to be workers of the Awami National Party (ANP) and stated that their motive was to ensure that their August 13 strike call (over the local government issue) was a complete success.

The court then referred to a joint investigation team (JIT) report submitted by ANP counsel Iftikhar Gilani, which included information on a Muhammad Ajmal alias Ajmal Pahari.

Justice Rabbani asked the SSP to read aloud the parts on Ajmal’s background. The accused, who allegedly killed 113 people, named one Nadeem Nusrat of London Secretariat and another activist from his party (Muttahida Qaumi Movement) who either arranged or received training at a camp near Delhi, India.

When inquired if the people named in the report were arrested, Durrani replied that they had been held and sent for trial.

The police team was then asked if the veracity of the Ajmal’s statement was checked. “This is a JIT report, not a police report,” Justice Rabbani said, telling Durrani to trash the report. “Please don’t constitute JITs if nothing is to be done,” he said.

Justice Sarmad Jalal Osmany noted that Ajmal was also involved in the murder of a former Sindh advocate-general. Has he been charged in the case, the judge asked.

The bench observed that the accused can only be convicted if a proper case with evidence is laid before the relevant court.

The court then moved on to a second FIR, pertaining to the attack on a private bus carrying policemen to the troubled area of Chakra Goth in Korangi. The FIR was read aloud and the court specifically asked about accused Kamran Madhuri and pointed out that he was not named in the said FIR.

(Read: Bus attack - Can the Sindh police fight back? Yes, they say, but only criminals, not politics)

“Why has he not been named? These lacunas can prove fatal to the prosecution,” the CJ said. “[Later], when he will be freed for want of evidence, courts will be blamed for letting terrorists off the hook.”

The CJ also pointed out the delay in registering a FIR and the statement of a DSP who was injured in the attack. “This is the level of investigation,” he said. “Earlier, investigating officers used to record FIRs and make memos. Now, a moharir writes it at a police station instead of the crime scene and here the lacunas creep in,” the CJ said to Durrani, who said attempts were being made to enhance capabilities of officers at police stations.

‘Unhappy with suo motu’

“Some quarters are unhappy with the suo motu notice,” said Chief Justice Iftikhar Muhammad Chaudhry. “If even a single person is killed, the government is responsible. Elected representatives are sitting in the assemblies. The Senate is working. Why, then, is there so much helplessness? It is all a political gimmick,” he said.

“As the attorney-general, advocate-general and other representatives of the federation and provinces are present, the Supreme Court can ask why the government and its functionaries are not fulfilling their legal and constitutional obligations,” the CJ said.

Asma Jahangir testimony

Meanwhile, appearing at the hearing, Supreme Court Bar Association President Asma Jahangir appreciated the court’s suo motu notice and said that it had a very effective but limited role to play.

Calling Karachi’s situation ‘chronic’, she read out from the JIT report presented by Gilani, she said it shows that ‘the MQM has a machinery of violence’. “All political parties have cells within their ranks. Extortion in Karachi started much before the MQM came into being, but it became sophisticated in their time,” she said.

She rejected the idea of intervention of the armed forces. “Civilian governments must recognise that bad governance is a disservice to their own rule,” she said.

Addressing Additional IG Saud Mirza, the court pointed out that he has names of extortionists and should go and arrest them. Mirza said no one is coming forward to lodge a FIR.

 

 

 

Published in The Express Tribune, September 7th, 2011.]]>
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			<title>MQM has machinery for violence in Karachi: Asma Jahangir</title>
			<link>https://tribune.com.pk/story/246385/mqm-has-machinery-for-violence-in-karachi-asma-jahangir</link>
			<comments>https://tribune.com.pk/story/246385/mqm-has-machinery-for-violence-in-karachi-asma-jahangir#comments</comments>
			<pubDate>Tue, 06 Sep 11 13:10:17 +0500</pubDate>
			<dc:creator>
				<![CDATA[ahmed.jung]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=246385</guid>
			<description>
				<![CDATA[SCBA president says JIT reports show how operations are carried out and how cells operate in the city.]]>
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				<![CDATA[Supreme Court Bar Association (SCBA) President Asma Jahangir on Tuesday said the recently released Joint Investigation Team (JIT) reports showed that the Muttahida Qaumi Movement (MQM) had machinery through which it carried out acts of violence in the city.

Speaking during today's suo motu hearing on Karachi violence, she said the reports not only showed how they carried out the operations, but also how their cells were operating.

The SCBA president said that bhatta collection had been there before the MQM but had become more sophisticated when the party was founded.

She said the situation in the city was very complex and members of the judiciary themselves had experienced that during the May 12 incident.

Jahangir said families of the victims were looking towards the court for justice.

She read out names from a special report and said that all political and religious parties were involved in the collection of fitra, zakat and hides during Eid. Jahangir said there were names of over 200 people who belonged to political parties in the report but no action had been taken against them so far.

The chief justice then asked Additional IG Sindh Saud Mirza in what state of mind the police had recommended the code of conduct for forceful collection and that any such act was a crime under the Pakistan Penal Code.

“The government needs to understand they serve the people. Fundamental rights are for the people and not for political parties,” she said.

She informed the court that criminal groups in Lyari had support from certain political parties.

“Zafar Baloch of the Peoples Amn Committee has the support of the PPP and Arshad Pappu and Waseem Baloch have the support of MQM-A and the Katchi Rabita Committee.”]]>
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			<title>Suo motu: Sindh govt given 2 days to appoint ATC judges</title>
			<link>https://tribune.com.pk/story/246302/suo-motu-karachi-violence-case-hearing-resumes</link>
			<comments>https://tribune.com.pk/story/246302/suo-motu-karachi-violence-case-hearing-resumes#comments</comments>
			<pubDate>Tue, 06 Sep 11 12:45:53 +0500</pubDate>
			<dc:creator>
				<![CDATA[ahmed.jung]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=246302</guid>
			<description>
				<![CDATA[Chief Justice says violence in Karachi political, not ethnic.]]>
			</description>
			<content:encoded>
				<![CDATA[Chief Justice of Pakistan (CJ) Iftikhar Muhammad Chaudhry on Tuesday ordered the Sindh government to appoint judges for vacant Anti-Terrorism Courts (ATC) within two days.

The court, during the suo motu hearing on Karachi violence, had also summoned the law secretary on the appointment of judges for Anti-Terrorism Courts in Karachi. Due to the non-availability of the law secretary, the additional home and law secretaries came to the court and informed the bench that the government had no reservations on the appointment of judges on the recommendations of the chief justice.

The chief justice, who was heading the five-member bench, said the government should fill the vacancies within two days and the statements of the additional secretaries will be put on record.

Today’s hearing began with the Attorney General informing the court that the torture videos contained disturbing visuals and should not be shown in public. He said that the videos should be shown in private to the larger bench.

ANP men involved in Kemari bus burning: Police

The chief justice was briefed by the relevant Superintendent of Police (SP) on the bus burning incident which resulted in the death of six people on August 12.

The police informed the court that two people had been arrested in the case and weapons had also been recovered. Khanzada and Muhammad Shafi had been arrested from the crime scene and had told the police Ramazan, Jadoon, Afzak, Saleem were also involved in the incident. The police said the two men had given their statements and had said they belonged to the Awami National Party (ANP) Kemari Unit and had carried out the attack to make the party’s August 13 strike successful.

The bench asked the attorney general why there had been no response from the government when two groups had been fighting at Kati Pahari for four days, and that there had been a cry to deploy the army but Rangers and Police were nowhere to be found.

It also questioned what the government had been doing for the last three years and why information was being released now, and that it was like a tap the government kept turning on and off.

The chief justice questioned Inspector General of Police (IG) Sindh Wajid Durrani on the First Information Report (FIR) of the Chakra Goth incident.

Durrani accepted that the accused in the attack on the police, Kamran and Sohail, had not been nominated in the FIR. Justice Chaudhry asked why a proper FIR is not filed and evidence not collected so that the culprits can be tried and punished.

'Violence in Karachi political, not ethnic'

The chief justice said that ANP counsel Iftikhar Gilani was right and that violence in the city was not ethnic but political. He said people like Ajmal Pahari were members of militants groups and questioned why action had not been taken against them.

Justice Ghulam Rabbani said the JIT reports were substantial evidence and that police should have taken action based on the reports. He said that Pakistan came in being on the name of Islam and the message of the religion was peace, but there was no peace in the country at the moment.

He also said the police had failed to bring evidence to the court.

“I was reading the material presented to the court at night and it was an eye opener for me,” said the chief justice.

The chief justice remarked that all assemblies and the senate were functioning in the country and incidents of violence should not occur in a democracy.

He said a decision needed to be taken and questioned the attorney general if he wanted to save the country or the government.

The chief justice said Karachi was a mini-Pakistan and it was a matter of serious concern if the citizens were not being protected. He said no one should be above the law and all those involved in the violence should be punished.]]>
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			<title>Karachi violence case: SC assures support ‘against pressure’ to Sindh police chief</title>
			<link>https://tribune.com.pk/story/245953/karachi-violence-case-sc-assures-support-%e2%80%98against-pressure%e2%80%99-to-sindh-police-chief</link>
			<comments>https://tribune.com.pk/story/245953/karachi-violence-case-sc-assures-support-%e2%80%98against-pressure%e2%80%99-to-sindh-police-chief#comments</comments>
			<pubDate>Tue, 06 Sep 11 04:28:24 +0500</pubDate>
			<dc:creator>
				<![CDATA[zeeshan.mujahid]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category><category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=245953</guid>
			<description>
				<![CDATA[IGP Durrani complains of Rangers’ uncooperative attitude.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court resumed hearing of the Karachi violence suo motu on Monday by extending full support to the Sindh police chief but warned him that he is ‘running out of time’.


The court’s suo motu notice, now in its third hearing, came after three months of unabated violence in the metropolis that killed over 400 people. In earlier hearings, the court had grilled the IGP, calling his two-hour presentation ‘no better than a newspaper report’.

Testifying before a five-member bench, Inspector-General of Sindh Police (IGP) Wajid Ali Durrani complained of lack of cooperation by the Rangers, saying information is not shared. “Rangers have not turned over the men they had arrested during raids. The arms recovered have also not been handed over to us and the Rangers are interrogating those in their custody,” he said, responding to the court’s query on the progress on interrogating 18 men who had managed to flee their kidnappers.

Who has the ultimate command, Chief Justice Iftikhar Muhammad Chaudhry inquired, directing the IGP to make an effort to liaise closely with the Rangers director-general.

It is mine, Durrani said, but added that under a notification issued by the Sindh government on July 8, Rangers were allowed to go to any place independently and a deputy inspector-general was supposed to assist them.

Have you found any torture cell, the CJ then asked, to which the IGP responded that five target killers had been arrested in as many days. “You should conduct across-the-board raids all over the city,” the CJ said, specifically naming the areas of Old Sabzi Mandi, North Nazimabad, Landhi and Korangi.

The CJ also directed Durrani to make a chart of who had killed whom, saying that otherwise these killers could be freed from courts [for lack of evidence].

Speaking about failure to prosecute killers, the CJ criticised media coverage saying that televised interviews of alleged target killers is not a good trend. “You spoil the entire case by showing these men on television screens and later they retract [their statement]. Such confessions should be made before a magistrate,” he said.

The court then referred to reports by Joint Investigation Teams and Justice Amir Hani Muslim inquired about the progress that has been made in light of the reports’ findings.

Durrani said that SHOs have been asked to make arrests and those named by the JITs are on the police’s list.

The bench then asked the names of police officers assigned to arrest the killers named in the reports. “I came two months ago and concentrated on interior Sindh. The happenings in Karachi wipe out all our efforts,” Durrani said. “Officers posted as SHOs do not even know the area under their jurisdiction.”

The CJ then told Durrani that it was time to ‘deliver’. “Tell us if you are under pressure from any quarter. We are backing you,” the CJ said, asking him to present officers who had been sidelined.

The court then asked the IGP to provide DVDs and YouTube video clips, showing torture cells and killers drilling their victims, and the Sindh attorney-general was asked to arrange for a screening on Tuesday.

Stakeholder testimonies

Earlier, the bench heard Awami National Party (ANP) counsel Barrister Iftikhar Gilani who said that police and Rangers had pulled up their socks after the judiciary decided to intervene.

In a bid to dismantle the case built by Sindh government counsel Abdul Hafeez Pirzada, Gilani said that it was unfortunate that the government called the situation in Karachi ‘ethnic strife’. “We are all Urdu-speaking. The constitution of Pakistan makes it imperative that Urdu, being the national language, should be the language of all citizens,” Gilani pointed out.

In a surprise move, Gilani submitted a copy of a JIT report on an alleged target killer Muhammad Ajmal which he said was prepared by eight top intelligence agencies. “This report was available to police and law enforcement agencies but nothing was done. The government has the capacity but not the will,” he said.

What about reports from other investigation teams, asked Justice Sarmad Jalal Osmany, to which Gilani said it is the government’s duty to bring all reports before the court. The ANP counsel also suggested that the court pass only an interim order, which will keep things under control in Karachi.

Published in The Express Tribune, September 6th,  2011.]]>
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			<title>Karachi violence: SC directs Durrani to set up impartial task force</title>
			<link>https://tribune.com.pk/story/245178/apex-court-resumes-hearing-of-karachi-violence-case</link>
			<comments>https://tribune.com.pk/story/245178/apex-court-resumes-hearing-of-karachi-violence-case#comments</comments>
			<pubDate>Mon, 05 Sep 11 10:00:28 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=245178</guid>
			<description>
				<![CDATA[Chief Justice directs IG police Wajid Ali Durrani to set up a task force that will be free from political influence.]]>
			</description>
			<content:encoded>
				<![CDATA[Chief Justice Iftikhar Muhammad Chaudhry on Monday directed the Inspector General of Sindh Police, Wajid Ali Durrani, to set up a task force that will be free from political interventions.

The chief justice made this statement during the hearing of the Karachi violence case that took place at the Karachi registry of the Supreme Court.

Justice Chaudhry assured Durrani that the Supreme Court would provide the police “full support to conduct operations”. Justice Amir Hani Muslim added that Durrani should include honest police officers who may have been removed earlier due to political influence

“It is time for you to deliver,” the chief justice said to Durrani. He also told Durrani that time was running out and that the security situation in the city was serious.

Durrani told the chief justice that he had assigned a task force to arrest those named in the Joint Investigation Team’s (JIT) report.

Lyari torture cells

Justice Chaudhry asked Durrani to submit tomorrow (Tuesday) DVDs of torture cells unearthed during the Lyari operation conducted last week. He also demanded the submission of the YouTube video of alleged torture and drilling of human flesh, and directed Durrani to investigate where the video was made.

To this, Durrani said that he was not given details of the Lyari operations or arrests of the suspects rounded up by the Rangers.

Justice Chaudhry said that if Durrani did not deliver, then the blame for failing to control the violence will fall on him because he is commanding the Sindh Rangers and Police.

Target killers on media

Durrani assured the chief justice that target killers will not be presented to the media, and that they will be presented in court during trial.

The chief justice termed the practice of allowing the suspects to speak to the press as incorrect. He lamented that when the target killers are presented in court, the police fails to provide enough evidence to convict them, after which the accused are let go.

‘Indian involvement in Karachi violence cannot be ruled out’

During the Supreme Court’s hearing of the Karachi violence case on Monday, Iftikhar Gilani, counsel for the Awami National Party (ANP), said the involvement of “Indian agents” in target killings in the city cannot be ruled out.

Gilani made this statement in court, to the special five-member bench headed by Chief Justice Iftikhar Chaudhry .

Gilani told the chief justice that certain target killers have been trained in Indian camps and provided sub-machine guns and rocket launchers.

He also added that the Joint Investigation Team’s (JIT) report on target killings in the city “cannot be challenged”, as it has been prepared by seven agencies and is credible. He said the report identifies which political party is involved in the violence.

Gilani said he obtained the JIT report after former Sindh Senior Minister Zulfiqar Mirza’s press conference where he was critical of Interior Minister Rehman Malik and the Muttahida Qaumi Movement (MQM). He added that he appreciates Mirza’s efforts to shed light upon the report.

Gang wars or girlfriends?

ANP’s counsel Iftikhar Gilani said the violence in Karachi is not the result of gang wars. He supported his argument by adding that innocent people and not “gangsters” are the victims of violence.

Gilani also requested that court summon Interior Minister Rehman Malik regarding a “disturbing” statement he made about the recent rise of violence in the city.

Malik earlier said that 70% of target killings in Karachi were courtesy wives and girlfriends looking to get rid of their partners and vice versa.

Gilani said the court should call in former Sindh Senior Minister Mirza and investigate the allegations he has made against Malik.

The court, however, did not give any indication that it would fulfill his request.

The Supreme Court’s larger bench resumed the hearing of the suo motu case on Karachi violence on Monday in a bid to improve law and order in the metropolis which has witnessed the worst incidents of target killing.

A special five-member larger bench headed by Chief Justice Iftikhar Muhammad Chaudhry, comprising Justice Anwar Zaheer Jamali, Justice Sarmad Jalal Osmany, Justice Amir Hani Muslim and Justice Ghulam Rabbani had adjourned hearing of the case till September 5 on the request of federation’s counsel, Dr Babar Awan.

The court had earlier directed Sindh police chief, Wajid Ali Durrani to submit a report on the FIRs registered during the past month after Eid holidays. Awan had contended that he wished to celebrate Eid with his family.]]>
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			<title>Karachi violence case: Apex court to resume hearing from Monday</title>
			<link>https://tribune.com.pk/story/244554/karachi-violence-case-apex-court-resumes-hearing-today</link>
			<comments>https://tribune.com.pk/story/244554/karachi-violence-case-apex-court-resumes-hearing-today#comments</comments>
			<pubDate>Sun, 04 Sep 11 05:25:37 +0500</pubDate>
			<dc:creator>
				<![CDATA[qaiser.zulfiqar]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=244554</guid>
			<description>
				<![CDATA[IGP Sindh told to submit report on FIRs registered during last month.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court’s larger bench will resume hearing of the suo motu case on Karachi violence from Monday in a bid to improve law and order in the metropolis which has witnessed the worst incidents of target killing.


A five-member larger bench headed by Chief Justice Iftikhar Muhammad Chaudhry, comprising Justice Anwar Zaheer Jamali, Justice Sarmad Jalal Osmany, Justice Amir Hani Muslim and Justice Ghulam Rabbani had adjourned hearing of the case till September 5 on the request of federation’s counsel, Dr  Babar Awan.

The court had directed Sindh police chief, Wajid Ali Durrani to submit a report on the FIRs registered during the past month after Eid holidays. Awan had contended that he wished to celebrate Eid with his family.

The bench accepted his argument. During the course of hearing of the suo motu case on Augus 29 and 30, the court had grilled Durrani for submitting an incomplete report on Karachi’s law and order situation.

A three-judge bench headed by the chief justice and a division bench headed by Justice Anwar Zaheer Jamali will hear routine cases at the Karachi registry after the suo motu case. The chief justice has constituted two division benches, one in Islamabad and one for the Lahore registry. The division bench in Islamabad comprising Justice Nasirul Mulk and Justice Tariq Pervez will hear important cases including the missing persons’ case in the coming week. The division bench, Lahore, comprising Justice Tassaduq Hussain Jillani and Justice Jawad S Khawaja will hear requests for review, restoration applications, family issues and bail cases throughout next week commencing Monday.

 

 

Published in The Express Tribune, September 4th, 2011.]]>
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			<title>Supreme Court on Karachi violence</title>
			<link>https://tribune.com.pk/story/243563/supreme-court-on-karachi-violence</link>
			<comments>https://tribune.com.pk/story/243563/supreme-court-on-karachi-violence#comments</comments>
			<pubDate>Fri, 02 Sep 11 16:36:40 +0500</pubDate>
			<dc:creator>
				<![CDATA[editorial]]>
			</dc:creator>
			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=243563</guid>
			<description>
				<![CDATA[Questioning the police, is not enough, Until political parties inflaming the violence are also held accountable.]]>
			</description>
			<content:encoded>
				<![CDATA[There is no greater indictment of the political system than the fact that the Supreme Court has had to take suo motu notice of the violence in Karachi. Over 400 lives have been taken in the last three months and the response of the various political parties has been to pass the buck and shift the blame. Expecting the Supreme Court, no matter how well-intentioned, to be able to bring an end to the violence or even provide justice to the families of those who have been murdered is far-fetched and fanciful. What it can do through its hearings is to hold the law-enforcement agencies, and by extension the politicians who command them, accountable for the worst violence the city has seen in 15 years.

In just a couple of days of hearings, the Supreme Court has already been able to embarrass the Sindh police and for good reason. The Sindh Inspector-General Wajid Durrani was told that his presentation was no better than a police report. It has quickly become obvious that the law-enforcement agencies are either unable, or more likely unwilling to identify who is behind the violence in Karachi. The Supreme Court too may not be able to get answers out of them but at least this is the first time the police will be strongly questioned about their inaction.

Questioning just the police, however, is not enough. Until the political parties that have inflamed the violence are held accountable, the Supreme Court will be unable to get to the bottom of the matter. Zulfiqar Mirza’s press conference on August 28 may have been quickly disavowed by the PPP leadership but what he said resonated with those who are opposed to the MQM. Similarly, those in the city predisposed to oppose the PPP and the ANP would level similarly heinous charges against those parties. The violence in Karachi is a failure of politics, not police work. Those placing great hope in the Supreme Court to sort out the situation should also be wary. This suo motu action feels more like an inquest than an investigation. It may point a few fingers and embarrass those in power but it is extremely unlikely to change the ground realities in Karachi.

Published in The Express Tribune, September 3rd, 2011.]]>
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			<title>Violence case: Pirzada explains reasons behind Karachi imbroglio</title>
			<link>https://tribune.com.pk/story/242844/violence-case-pirzada-explains-reasons-behind-karachi-imbroglio</link>
			<comments>https://tribune.com.pk/story/242844/violence-case-pirzada-explains-reasons-behind-karachi-imbroglio#comments</comments>
			<pubDate>Wed, 31 Aug 11 05:52:47 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category><category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=242844</guid>
			<description>
				<![CDATA[Govt’s lawyer believes outsiders are the root of Karachi’s problems.]]>
			</description>
			<content:encoded>
				<![CDATA[Karachi’s law and order problems are 60 years old and stem from constant demographic changes, the Sindh Government’s lawyer Abdul Hafeez Pirzada told a five-member Supreme Court bench on Tuesday.

The bench was hearing a suo motu reference about Karachi violence at the Karachi registry. Pirzada explained that the city’s population has grown to 18 million since independence in 1947, and about 2.5 million of them are foreigners.  Meanwhile, only 100,000 are registered under the National Alien Registration Authority (NARA). People from Sudan, Burma, Somalia, Bangladesh, Sri Lanka and Tamil Tigers are all unregistered. Pirzada alleged that most of these people are armed criminals and have own territories as war lords. He conceded that lapses by law enforcement agencies have also led to the situation growing out of control recently.

Published in The Express Tribune, August 31st,  2011.]]>
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			<title>Karachi suo motu proceedings: Another grilling for hapless Sindh police chief</title>
			<link>https://tribune.com.pk/story/243143/karachi-suo-motu-proceedings-another-grilling-for-hapless-sindh-police-chief</link>
			<comments>https://tribune.com.pk/story/243143/karachi-suo-motu-proceedings-another-grilling-for-hapless-sindh-police-chief#comments</comments>
			<pubDate>Tue, 30 Aug 11 23:07:07 +0500</pubDate>
			<dc:creator>
				<![CDATA[zeeshan.mujahid]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=243143</guid>
			<description>
				<![CDATA[Court says the govt has the capacity but not the will to control the situation.]]>
			</description>
			<content:encoded>
				<![CDATA[A day after being grilled by the Supreme Court on Karachi’s violence, Sindh police chief Wajid Durrani had an even tougher time making a favourable case for the police force on Tuesday.


Adjourning proceedings of the suo motu notice taken of the Karachi violence till September 5, the court said that the government has the capacity to control the situation in Karachi but it appears as if the administration lacks the will to do so.

A full bench, headed by Chief Justice (CJ) Iftikhar Muhammad Chaudhry, began hearing the case at the Supreme Court’s Karachi registry on Monday. In its first hearing, Durrani gave a two-hour-long presentation that the court dismissed as a ‘newspaper report’.

Tuesday was no better for Sindh’s Inspector-General of Police. “What type of officers do you have? You have no knowledge of how many torture cells exist in Karachi, while a private television channel has showed it,” said the chief justice, addressing Durrani.

The television channel had also interviewed some men who, it said, had managed to escape their killers. When Durrani said that these men were not among the 18 identified by the police, the bench observed that the police chief was not “telling the entire truth”.

Justice Amir Hani Muslim remarked that Durrani seemed to be unaware that, apart from the people whom they had identified, there were others who had been abducted. Justice Muslim observed that none of the arrested alleged target killers were produced before an anti-terrorism court and the city was left to be terrorised.

“Most FIRs are registered against unidentified persons and were closed by declaring them ‘A class’ [because of lack of incriminating evidence],” the CJ observed. “No effort has been made by police officers and other law-enforcers to trace the accused.”

(Read: Sindh police fail to impress indignant SC)

The case is further spoiled because innocent people are booked and later freed for want of evidence, said Justice Muslim. “Television channels show the person shooting but they [the police and law enforcers] do not want to arrest them,” he said.

Interrupting the Sindh government’s counsel, Abdul Hafeez Pirzada, the bench said that it is conscious of the pitfalls in the system, which is why it had taken this suo motu notice. “We stand for democracy. This court will never like any departure from democracy as this country has already suffered a lot,” the CJ said. “The provincial machinery should [be able to] control these perpetrators.”

During his arguments, Pirzada said that, in suo motu proceedings, the court can only make suggestions. “The government did not violate any basic human or fundamental rights. If it does so through a legislative or executive order, the court has the power to strike it down.”

Responding to Pirzada’s arguments, the CJ said that the court and counsel shall not tread into grey areas such as invoking the constitutional mechanism of proclaiming emergency or calling armed forces to aid civilian powers. “The federal and provincial government can control the situation on ground, only some determination is required,” the bench observed.

“We want to give a wake-up call to the authorities. They are not doing everything that they are capable of doing,” observed Justice Sarmad Jalal Osmany.

Pirzada said that he has conveyed the court’s observations to the prime minister, Sindh chief minister and other senior officials.

“There is a general impression among the people that the fundamental rights of citizens are being compromised for political expediency, which is considered more important,” observed Justice Anwar Zaheer Jamali.

“Why doesn’t the provincial government raise its own force?” Justice Jamali asked. “You have more than 32,000 policemen for Karachi and even then you have borrowed 25,000 more from the federation.”

The hearing was then adjourned till September 5. Addressing the Sindh police chief, the court asked him to present, at the next hearing, a detailed report with respect to all FIRs registered during the past month.

Iftikhar Gilani, counsel for the Awami National Party, will address the court at the next hearing.

 

 

Published in The Express Tribune, August 31st, 2011.]]>
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			<title>'Sindh govt has resources, lacks will to stop Karachi violence'</title>
			<link>https://tribune.com.pk/story/242533/sc-resumes-hearing-of-karachi-violence-case</link>
			<comments>https://tribune.com.pk/story/242533/sc-resumes-hearing-of-karachi-violence-case#comments</comments>
			<pubDate>Tue, 30 Aug 11 15:15:22 +0500</pubDate>
			<dc:creator>
				<![CDATA[ahmed.jung]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=242533</guid>
			<description>
				<![CDATA[Bringing army into Karachi would amount to a destruction of democratic institutions, says chief justice.]]>
			</description>
			<content:encoded>
				<![CDATA[Chief Justice Iftikhar Chaudhry slammed the Sindh government over the rise in Karachi violence during Tuesday's hearing of the suo motu case on the security situation in the city.

(Read: Sindh police fails to impress indignant SC)

He said that the government has the resources and machinery to restore peace in the metropolis but lacks the will to do so. He directed the Sindh government to act immediately to curb the violence.

A five-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry ordered Attorney General Anwarul Haq to file a new report, carrying the latest information about those who are creating unrest in Karachi.

Court slams govt

“It is time for the provincial government to wake up,” the chief justice told the Sindh government’s counsel, Abdul Hafeez Pirzada. “The matter has become serious and a fundamental right to security is being violated,” he added.

In hidden words, the CJ said that bringing the army into Karachi to curb violence would amount to a destruction of democratic institutions and stated that the issue should be resolved democratically.

The chief justice questioned Pirzada about the police’s failure to identify victims of target killings, saying that FIRs were registered to unnamed persons.

He also expressed dissatisfaction that none of the accused were presented in Anti-Terrorism Courts, nor were issued a challan by the police. He slammed the police for not recording the statement of an injured victim who was recovered earlier this week.

He noted that the provincial government’s move to borrow federal security forces has proved very expensive. The better alternative, the CJ remarked, was to develop the provincial police force.

The govt’s version

Earlier during the hearing of the suo moto notice case of Karachi violence, the Sindh government's Counsel Hafeez Pirzada told the court that 2.5 million foreigners are living in Karachi but less than 100,000 have been registered.

He maintained that in recent years, these foreigners have increased their influence and may be blamed for the rise in violence in Pakistan's heartland.

Chronicling the history of ethnic clashes in Karachi, Pirzada said the Pashtuns and the Muttahida Qaumi Movement (MQM) first clashed in Sohrab Goth during the rule of General Ziaul Haq in the 80s.

He said the local bodies system, introduced by former president Pervez Musharraf, aggravated ethnic tensions in the city.

The hearing of this case has been adjourned till September 5.

PPI adds

SC asks for intelligence reports, testimonies to be submitted

Supreme Court of Pakistan on Tuesday directed the IG Police Sindh, Wajid Ali Durrani to submit progress reports of investigation in all murders, extortion and abduction cases including statements of 18 peopel who were recovered from the custody of target killers in the past month in Karachi.

The five-member bench, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, again directed Attorney General Moulvi Anwarul Haq to submit investigation reports of Inter Services Intelligence, Military Intelligence &amp; Intelligence Bureaus about target killings in Karachi on September 5, 2011, when the bench is expected to resume hearing suo moto case after Eidul Fitr holidays at its Karachi Registry.

Attorney General Moulvi Anwarul Haq requested for more time to submit reports of ISI, MI &amp; IB on investigation into target killings, extortion, abduction &amp; murders that took place from July 24 to August 24, 2011 in Karachi.

Ethnic divide along linguistic lines being fuelled by alien influx

Senior Advocate Abdul Hafeez Pirzada concluded his arguments on behalf of Sindh government and said that ethnic divide was strong in Karachi, where population increases annually, and influx results in the division of many localities on the basis of language. One reason was introduction of Language Bill in Sindh province by then government in early 1970s.

He Pirzada said that drugs, extortion mafias were extorting money in name of "protection money". Non-enforcement of Citizenship Act, almost 2.5 million illegal migrants continued to live in Karachi, and were yet to be registered by National Aliens Registration Authority (NARA). Of these, only 100,000 such migrants were registered so far. He said that these armed migrants were involved in crimes and remain untraced.

Lack of witnesses hamper investigations

He submitted a report which put the non-arrest of suspected target killers due to lack of protection to eyewitnesses, who remain silent out to fear of being harmed by criminals. This leads to non-arrest of actual accused.

IGP Sindh Wajid Durrani said cases registered were charge sheeted with no headway into cases of target killings, extortion, abduction, as none of affectees was willing to record their statements.

CJP Iftikhar Muhammad Chaudhry remarked: "Mr. IG through your yesterday's briefing only ethnic game was presented in court. Where are perpetrators. The abducted persons, who were later recovered, are giving their statements in media. But, you have no knowledge. Not a single preventive step was taken despite 365 people were killed in Karachi. Absolutely, no efforts were made either by any SHO, DSP Police or other law enforcement agencies."

IGP Durrani said contingent of police &amp; Rangers were deployed in affected areas &amp; operations carried out.

Justice Anwar Zaheer Jamali remarked: "We have witnessed what happened on night of May 12, 2007, when people were being killed and Rangers said they had no powers."

Nationalist parties submit application to become party to Suo Moto hearings

Meanwhile, apex court allowed civil miscellaneous applications(No.4108, 531-K, 532-K &amp; 533-K of 2011) submitted by President Awami National Party ANP, Sindh Bachao Committee, Sindh United Party, Karachi Bar Association, Sindh Bar Council, Muhammad Laiq, ex-MNA JI and three others with request that they may be pleaded as party in present proceedings.

A court order said: "As instant matter is being heard under Article 181(3) of Constitution, involving questions of public importance with reference to enforcement of fundamental rights, as indicated in order dated August 24, 2011, therefore, these applications are allowed. The applicants are impleaded as parties in this matter”.

The order further directed the Attorney General to submit the reports from agencies on next date of hearing.

Record testimonies of torture, target killing victims

The court also directed the police to record the statement of Asim Khan, who was found injured in a gunny bag, although he was thrown away considering that he had died. The court also directed the police to provide protection to him."

Murder investigation of Advocate Muhammad Murtaza Chinoy

IGP Wajid Durrani in response to order dated August 26, 2011 said that investigations in murder of Advocate Muhammad Murtaza Chinoy had been entrusted to SP Karachi, Tariq Dharejo.

Adjourning hearing till September 5, 2011, the court ordered "it is noted that he (SP Tariq Dharejo) is supervisory officer whereas investigation is being conducted by SI Ghulam Murtaza Kakar. IGP is directed to associate a senior officer of the rank of DSP to conduct investigation. He agreed to entrust investigation to DSP Siraj Lashari, who shall be incharge of investigation and conduct investigation in association with SP Tariq Dharejo and report shall be submitted on the next date of hearing."]]>
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			<title>Govt report on Karachi violence lacks facts: Supreme Court</title>
			<link>https://tribune.com.pk/story/241503/suo-motu-action-sc-to-hear-case-on-karachi-violence-today</link>
			<comments>https://tribune.com.pk/story/241503/suo-motu-action-sc-to-hear-case-on-karachi-violence-today#comments</comments>
			<pubDate>Mon, 29 Aug 11 08:45:16 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category><category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=241503</guid>
			<description>
				<![CDATA[IG Wajid Durrani tells court that some areas of Karachi are 'no-go zones' for law enforcement agencies.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court on Monday expressed dissatisfaction with the government’s report on Karachi violence, saying the report lacked facts that are needed to make headway in the case.

The report was submitted by Attorney General Anwarul Haq during the suo motu hearing of the unrest in Karachi.

The five-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry ordered the Attorney General to file a new report, carrying the latest information about those who are creating unrest in Karachi.

A report without analysis

The five-member bench hearing the Karachi violence suo motu case said it was “unhappy” with the report. It said apart from the first three pages of the report, it was “all newspaper reports and no analysis”.

The court directed Inspector General of Sindh Wajid Ali Durrani to present a comprehensive report on the Karachi killings. The chief justice and bench of members asked Durrani questions that he failed to answer. The court sought the names of police officers who were killed in the line of duty and also those of the arrested target killers. However, Durrani failed to answer these questions.

The AG submitted the report compiled by the Special Branch, FIA, and Intelligence Bureau. The Intelligence Bureau requested the court to keep its report classified.

The court said a decision to keep the report classified will be taken after it has been reviewed. It also remarked that since most of the report is based on newspaper reports, keeping it confidential is not important.

The court also directed the AG to file reports from the ISI and MI.

‘Some Karachi areas are no go zones’

Durrani admitted before the Supreme Court that law-enforcement agencies cannot enter some violence-hit areas of Karachi.

The IG also told the court that ethnic and sectarian tensions are the main reasons for the unrest in Karachi.

He said that extortionists and land grabbers are also adding fuel to the violence in the city.

Durrani said there are several ethnic groups in more than 100 areas of Karachi.

He said 306 people have been killed in Karachi between July 24 and August 24 this year.

He said 232 cases have been registered in 75 police stations during one month. The IG said that despite the ongoing carnage, the situation is within the control of law-enforcement agencies.

Too much security for VIPs

The chief justice told Durrani that Karachi is “in a terrible situation” and that “the city will be out of his hands” if he does not curb the violence immediately.

To this, Durrani responded that he needs one more month to improve security in the city.

The chief justice asked Durrani to give him the number of police officials in Karachi and also the number of police officials designated to VVIPs.

Durrani responded that out of 32,000 police officials, only 20,000 are operational. He said that 12,000 are non-operational out of which 4,000 are protecting SIU and CPO officials and 8,000 are on VVIP duties.

When the chief justice asked him to explain why the VIPs required so much security, the IG expressed ignorance on the matter. He added, however, that the VIPs claim their life is under threat and that they need security.

Senator Babar Awan was present during the court proceedings. Senior PPP leader Raj Haider was also present, but was not summoned by the court.

Sindh government's counsel Abdul Hafeez Pirzada is defending the police and answered all the questions that the IG failed to answer.

The hearing with resume tomorrow (Tuesday), where Durrani will be expected to bring out names and comply with the court's requests.

Updated from print edition (below)


SC to hear case on Karachi violence today

A five-member larger bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry will begin hearing the suo motu case on Karachi violence in the metropolis on Monday (today).

Federal and Sindh governments will present a comprehensive report based on input from security agencies before the bench comprising Justice Shakirullah Jan, Justice Nasirul Mulk, Justice Tariq Pervez and Justice Ghulam Rabbani.

The Supreme Court had earlier rejected a report presented by the advocate general Sindh for its failure to identify the groups involved in target killings, abduction and extortion in Karachi.

In view of the sensitivity of the case, heightened security arrangements have been made, involving deployment of 600 police and Rangers personnel at the Supreme Court’s branch registry in Karachi.

According to a statement issued by the Karachi registry, foolproof security arrangements have been ensured on the day of the hearing on Monday and entry into courtroom No 1 will be regulated by passes.  Senior Superintendent of Police, South Zone, Naeem Sheikh said police and Rangers have set up check posts on roads leading to the Karachi registry, Shaheen Complex, Polo Ground, Khajoor Chowk and II Chundrigar Road to search people heading towards the court. Suspicious persons will not be allowed to proceed on their way without thorough investigation.

Trained commandos have also been deployed along with additional personnel from police headquarters. Sheikh said he would be present in the court premises at seven in the morning to check police personnel’s performance.

Published in The Express Tribune, August 29th,  2011.]]>
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			<title>Demanding evidence: Nationalists call Karachi operation a farce</title>
			<link>https://tribune.com.pk/story/241317/demanding-evidence-nationalists-call-karachi-operation-a-farce</link>
			<comments>https://tribune.com.pk/story/241317/demanding-evidence-nationalists-call-karachi-operation-a-farce#comments</comments>
			<pubDate>Mon, 29 Aug 11 05:35:53 +0500</pubDate>
			<dc:creator>
				<![CDATA[z.ali]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=241317</guid>
			<description>
				<![CDATA[Sindhi nationalist parties have decided to be a part of the Supreme Court proceedings.]]>
			</description>
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				<![CDATA[Sindhi nationalist parties have decided to be a part of the Supreme Court proceedings which will look into the spate of violence in Karachi.


“We want the evidence of all crimes committed in Karachi since May 12, 2007 on record,” said the leaders of Sindh Bachayo Committee at a joint press briefing in Jamshoro. The parties will submit their request at the Karachi registry of the Supreme Court on August 29. They have already sought the services of eminent lawyer Mujeeb Peerzada, who will be assisted by barristers Ayaz Palijo and Zameer Ghumro.

They also said that the ongoing surgical operation to weed out Karachi’s terrorists is a farce. “The operation is only targeting Sindhi, Baloch and Pakhtun areas,” said Sindh United Party president Jalal Mehmood Shah. Shah is also the convener of the Sindh Bachayo Committee.

Shah earlier presided over a meeting which reviewed the ongoing operation in Karachi, relief efforts rain ravaged districts of Sindh and the Supreme Court’s suo motu notice of the situation in Karachi. The meeting was attended by Dr Qadir Magsi from Sindh Taraqi Pasand Party, Awami Tehreek’s Ayaz Palijo and other leaders.

They appealed to the citizens of Karachi to help them collect evidence against criminals. Shah said that they have established a legal aid centre at the party’s Hyder Manzil office. The centre will collect criminal records and offer legal assistance to people who wish to pursue cases against those responsible for the violence.

Published in The Express Tribune, August 29th,  2011.]]>
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			<title>Action against violence: SC holding suo motu hearing in the city</title>
			<link>https://tribune.com.pk/story/241369/action-against-violence-sc-holding-suo-motu-hearing-in-the-city</link>
			<comments>https://tribune.com.pk/story/241369/action-against-violence-sc-holding-suo-motu-hearing-in-the-city#comments</comments>
			<pubDate>Sun, 28 Aug 11 21:09:54 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=241369</guid>
			<description>
				<![CDATA[The federal and provincial authorities have been notified by the court.]]>
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				<![CDATA[The Supreme Court will hear a suo motu case regarding the violence in Karachi from Monday. The federal and provincial authorities have been notified by the court. The first hearing was held in Islamabad. The court has decided to hold the rest of the hearings in Karachi because easy access to records and has acquired video footage aired by different television channels of the violence. Security will be increased and the Karachi Registry of the Apex Court will issue attendence passes for the hearing. Journalists will also require a security pass to cover the proceedings. Although the trial is open to public, the number of people will be limited to the availability of space in the court room.

Published in The Express Tribune, August 29th,  2011.]]>
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			<title>Suo motu on Karachi violence: SC rejects Sindh govt report, transfers case to Karachi</title>
			<link>https://tribune.com.pk/story/239873/target-killings-report-not-submitted-in-sc-bench-shifted-to-karachi</link>
			<comments>https://tribune.com.pk/story/239873/target-killings-report-not-submitted-in-sc-bench-shifted-to-karachi#comments</comments>
			<pubDate>Fri, 26 Aug 11 06:53:58 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
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			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=239873</guid>
			<description>
				<![CDATA[Apex court issues notices to PM, interior minister on a separate petition seeking emergency rule in the metropolis.]]>
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				<![CDATA[The Supreme Court rejected on Friday a report submitted by the Sindh government on the Karachi law and order situation and decided to shift the bench to the metropolis to hear the suo motu case.


The apex court also issued notices to Prime Minister Yousaf Raza Gilani and Interior Minister Rehman Malik on a separate petition filed by Tariq Asad who requested the court to direct the executive to advise the president to proclaim emergency in Karachi.

Heading a five-judge bench, Chief Justice Iftikhar Muhammad Chaudhry said the government has failed to maintain law and order in Karachi. “It is a question of the country’s survival and the issue will have to be resolved.”

The bench rejected the Sindh government’s report and pointed out that groups involved in target killings, abductions and extortion were not identified. The report stated that 300 people were murdered, 232 cases were registered, 117 target killers were arrested and 179 charge sheets were presented in the courts in the last month. Five hundred other cases of violence were also registered. It appears that information was not solicited from the country’s intelligence agencies, which creates the impression there is no intelligence sharing amongst the agencies, the bench observed.

The court directed the attorney general to contact the intelligence agencies for information and file a comprehensive report. Attorney General (AGP) Maulvi Anwarul Haq, advocate general Sindh, chief secretary and inspector general police Sindh appeared before the court. Dr Babar Awan represented the government as a private counsel.

“Why did the government not take action against the groups involved in target killings and allow them to behead people?” Justice Ghulam Rabbani questioned.

The Sindh advocate general argued that the court cannot help mitigate the violence and cited the example of an ‘assassin’ released by a court who had murdered more than a hundred people.

The chief justice said the court cannot award punishment without sufficient evidence; the weakness lies with investigation agencies and the prosecution. He questioned the AGP on the government’s failure to enforce article 9 of the constitution.

The court has taken suo motu notice in accordance with the constitution and is conducting the proceedings on the demand of 180 million people, the chief justice said. “Protection of fundamental rights guaranteed in the constitution is the court’s responsibility and we will ensure the constitution is enforced at any cost.”

Sindh government’s counsel Abdul Hafeez Pirzada submitted that no government can resolve the Karachi dilemma within a day. “There is no point in calling out the army in Karachi since it is a political issue.”

The bench reprimanded Sindh’s chief secretary and inspector general police for neglecting their work and appearing before the court in person. The court adjourned the case till August 29.

A press note from the Supreme Court stated that entry into courtroom No 1 at the branch registry, Karachi, will be regulated by passes. Special arrangements have been made for foolproof security on the court premises.

Published in The Express Tribune, August 27th,  2011.]]>
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			<title>Suo motu notice on Karachi: MQM offers to assist SC, provide information</title>
			<link>https://tribune.com.pk/story/239260/suo-motu-action-on-karachi-mqm-to-facilitate-sc</link>
			<comments>https://tribune.com.pk/story/239260/suo-motu-action-on-karachi-mqm-to-facilitate-sc#comments</comments>
			<pubDate>Fri, 26 Aug 11 04:44:38 +0500</pubDate>
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				<![CDATA[qaiser.zulfiqar]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Chief secretary and inspector general Sindh police to appear before the court today.]]>
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				<![CDATA[The Muttahida Qaumi Movement (MQM) has offered to assist the Supreme Court in the proceedings of the suo motu case on the ongoing violence in Karachi by providing reference material and other information.


MQM’s parliamentary leader in the National Assembly Farooq Sattar and deputy parliamentary leader Haider Abbas Rizvi met with the Supreme Court Registrar Dr Faqir Hussain. The MQM leaders expressed full confidence in the apex court and said they wanted to assure the court of their assistance. Sattar and Rizvi hoped that the unrest in Karachi would come to an end and a strategy would be shaped to maintain peace in the metropolis.

The Supreme Court had taken suo motu notice of the escalating violence in Karachi on Wednesday. The attorney-general was issued a notice to appear and submit a comprehensive report on incidents of violence in Karachi.

Chief secretary and inspector general Sindh police were also directed to appear before the court on Friday and submit details of the incidents. Presidents of Supreme Court Bar Association as well as Sindh High Court Bar Association have also been issued notices to appear and assist the court on Friday (today).

Chief Justice Iftikhar Muhammad Chaudhry had said the government had failed to protect the life and liberty of citizens in Karachi. He stated that the ongoing violence in Karachi is a violation of Articles 9, 14, 15, 18 and 24 of the Constitution. A five-member special bench headed by Chief Justice Iftikhar Muhammad Chaudhry comprising Justice Shakirullah Jan, Justice Nasirul Mulk, Justice Tariq Parvez and Justice Ghulam Rabbani will take up the case today.

Later, while talking to the media Farooq Sattar said, “We are soliciting legal opinions from lawyers for becoming a party to the case.”

 

Published in The Express Tribune, August 26th, 2011.]]>
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			<title>Bomb hoax: Letter reveals plot to assassinate president, CJ</title>
			<link>https://tribune.com.pk/story/239264/letter-issuing-threats-to-president-cj-found-on-sc-premises</link>
			<comments>https://tribune.com.pk/story/239264/letter-issuing-threats-to-president-cj-found-on-sc-premises#comments</comments>
			<pubDate>Fri, 26 Aug 11 04:42:14 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=239264</guid>
			<description>
				<![CDATA[A note found in the Supreme Court building threatens to blow up SC premises.]]>
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				<![CDATA[A letter found on Thursday in the parking lot of the Supreme Court threatened to assassinate President Asif Ali Zardari and Chief Justice Iftikhar Muhammad Chaudhry at noon on “either Friday” (today) “or Saturday”.


The Bomb Disposal Squad (BDS), along with law-enforcement agencies, swung into action after the chief justice was informed about the threatening note, which alleged that a bomb had been planted in the Supreme Court building.

The bomb disposal squad had the apex court building evacuated, and after a thorough search of the premises, declared it a ‘safe zone’.

According to reports, the letter was written by two men who called themselves Aman Khan and Samandar Khan.

Following the threat, security around the court premises was beefed up while investigations into the matter are under way.

Senior lawyers, who were there at the Supreme Court when the incident occurred, termed the threat a stark reminder of the need for strict security arrangements, particularly since, they said, the threat had come in the backdrop of the court’s suo motu notice of Karachi violence.

A five-member bench of the Supreme Court, headed by the chief justice will start hearing the suo motu case on Friday (today).

 

Published in The Express Tribune, August 26th, 2011.]]>
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			<title>Control and confession by torture</title>
			<link>https://tribune.com.pk/story/239326/control-and-confession-by-torture</link>
			<comments>https://tribune.com.pk/story/239326/control-and-confession-by-torture#comments</comments>
			<pubDate>Thu, 25 Aug 11 16:39:50 +0500</pubDate>
			<dc:creator>
				<![CDATA[najma.sadeque]]>
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			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=239326</guid>
			<description>
				<![CDATA[Today, police torture is taken as a given.]]>
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				<![CDATA[Along time ago, when East Pakistan still existed, a fresh entrant into the Civil Service of Pakistan (CSP) looked forward to doing his bit for the country. He was idealistic and inclined to action, and firmly believed universal education could make the difference. But he also had to learn other things about governance as it was practiced.

One day he was taken to a police station to watch a ‘procedure’. In a rear room, a terrified, pleading man hung upside down. Then, while other cops came to watch as if it were a spectator sport, one policeman with a whip proceeded to lash the screaming man. Unable to take it, the CSP officer ordered him to stop and cut the man down.

When he asked why they were indulging in torture and under what rules, he was told this was standard procedure to extract a confession and that they had been taught this from day one. When he protested that torture could elicit an untruthful confession just to stop the pain, they agreed but pointed out one difference: no worthwhile information would be forthcoming if the suspect were innocent and that confirmation would set him free.

And what about compensation to innocent victims who clearly needed hospitalisation? If there was such a provision in the law, nobody knew or paid attention to it. Perhaps at the very least, they could ensure that a government hospital would treat them. Besides, the damage done to individuals was one of the unavoidable consequences of protecting the greater good!

The reasons are not clear why, but not long after, the CSP officer resigned from government service and joined a quieter, intellectual world in the private sector.

In the late seventies, another young official, newly-arrived in Karachi from the northern areas, was treated to an identical experience. His description was more graphic. Instead of a whip, the instrument of choice was a long, narrow, flexible strip, cut lengthwise in one piece from a bamboo. When the policeman drew back his arm after striking a blow, the fine strands of the bamboo would lift the skin and tear it, drawing blood. It was far more lethal and painful than a whip; the blood-curdling screams said it all.

The official ordered the police to stop and emphasised the same unreliability of confessions through torture and the injustice of it all. The police, he said, would never dream of routinely meting out the same treatment to upper-crust, white-collar suspects. They politely agreed, but said there were exceptions when ordered at the highest levels. Unlike the CSP officer, he left the police station, but not government service, and suppressed the incident as a bad memory.

In the eighties, the family of a senior official in an autonomous government organisation, living near the ‘notorious’ Frere Police Station, was shaken by the screams of a man being inhumanly tortured. The official phoned them up: did they know the cries of the victims could be heard by every passerby? And across the road from where all this was happening? The screams stopped. Since nothing was ever again heard in subsequent days and years, the police had probably taken care to soundproof the room.

Nothing has changed to this day. This has set a bad example that political opportunists — not just criminals — have learned from. And a new element has been added. Nothing like the torture of innocents to terrorise entire communities or a city into submission. Innocent persons who have not forgiven or forgotten, as well as idle or impressionable youth, are easily manipulated to react under political protection.

Today, police torture is taken as a given. If researchers were to do a survey of the numbers and experiences of people tortured all over the country, it would fill a sickening encyclopedia. It doesn’t require the sophisticated techniques of Guantanamo Bay and Abu Ghraib to inflict maximum pain.

In practice, the police are not a neutral party existing to maintain law and order and to protect law-abiding citizens, but are used primarily for the security of rulers and officialdom, even carrying out unlawful orders against individuals or the citizenry. Throughout, many politicians have been quick to excuse their corruption on the grounds that they are poorly paid, but parliamentarians never take effective steps to improve their conditions and professionalism. On the other hand, recommendations made after enlisting Scotland Yard’s help were meticulously hijacked and nothing has really changed. Loyalty to the government of the day is maintained by allowing the police to be a legitimised mafia in its own right.

Under consistently worsening circumstances where even women and children are not spared either it is surprising that police torture, along with corruption and abuse, has not been taken up as a public issue by civil society. It has also not made its way to the chief justice for suo motu notice, and does not take high priority even among the ‘cleaner’ political parties who should work towards reform of the police as a whole.

Throughout our history, justice has required a cash price, whether in the courts of law or from the police. The less privileged and the poor don’t stand a chance which is why some take the law into their own hands. Without transparency, nothing will change. Can civic duty and fairness be expected from a police force groomed in third-degree methods?

Not everyone has a stomach for torture, although, obviously, many get desensitised enough to be able to perform violent ‘duties’. Given that inflicting pain can and does become a habit — and, perversely, even a source of sadistic pleasure, the stuff of psychiatric care and horror/gore movies — should cops be allowed to remain in positions of unwarranted power for the entirety of their careers? Or should service in the police be restricted to five to 10 years so that they don’t get completely dehumanised?

Compromised as they are, it was a foregone conclusion the police would never get a handle on Karachi. If the status quo is maintained, they never will.

Published in The Express Tribune, August 26th,  2011.]]>
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			<title>Suo motu action on Karachi: CJ seeks report from chief secretary, IGP Sindh</title>
			<link>https://tribune.com.pk/story/238676/judicial-intervention-cjp-to-hear-karachi-violence-case</link>
			<comments>https://tribune.com.pk/story/238676/judicial-intervention-cjp-to-hear-karachi-violence-case#comments</comments>
			<pubDate>Thu, 25 Aug 11 03:00:20 +0500</pubDate>
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				<![CDATA[qaiser.zulfiqar]]>
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			<category><![CDATA[Pakistan]]></category><category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=238676</guid>
			<description>
				<![CDATA[SC's Human Rights Cell directs news channels to submit material containing relevant information.]]>
			</description>
			<content:encoded>
				<![CDATA[The chief justice said on Wednesday the government has failed to protect the life and liberty of citizens in the face of unabated violence in Karachi in violation of constitutional guarantees which has necessitated suo motu action.


Chief Justice Iftikhar Muhammad Chaudhary said that the news streaming from Karachi presents a dismal picture of bloodshed, arson, abduction for ransom, widespread violence and extortion, which are violative of Articles 9, 14, 15, 18 and 24 of the Constitution. The Supreme Court (SC) has issued notices to the attorney general to appear before the court and submit a comprehensive report on incidents of violence in Karachi in the last three months.

Chief secretary and inspector general Sindh have been directed to submit details of the incidents. President Supreme Court Bar Association Asma Jahangir as well as President Sindh High Court Bar Association have also been summoned on Friday to assist the court.

The chief justice observed that prima facie, the executive has failed to protect the life, liberty, dignity, property and freedom of the general public, as is manifested in the reports. He has ordered that the note addressed to him by the SC’s human rights cell on the issues bedevilling Karachiites be converted into a petition under Article 184(3) of the Constitution. The case has been fixed for hearing on August 26.

A five-member special bench headed by the chief justice comprising Justice Shakirullah Jan, Justice Nasirul Mulk, Justice Tariq Parvez and Justice Ghulam Rabbani has been constituted to hear the case. The apex court took notice on an appeal for intervention by Allama Tahirul Qadri published in a newspaper.

Television channels have submitted discs of footage on Karachi violence demanded by the apex court.

The human rights cell has noted that the risks citizens face most significantly relate to the security of their lives and property and the high prevalence of street crime while the police and Rangers stand by like mere spectators. Top government functionaries are callously viewing the situation with no inclination to maintain the writ of the state, reads the note.

Divergent views have been expressed by observers, analysts and anchorpersons about the causes of
violence.

Some people believe political parties including the MQM, PPP and ANP have resorted to clashes and target killings to establish their hegemony whereas others attribute the escalation in violence to interference by foreign powers like America, Israel and India to prove that Pakistan is a failed state in spite of being a nuclear power.

The human rights cell has reported that the brutality and heinousness of the offences, nefarious and bloody activities of land mafia and drug mafia, damage to valuable properties of the citizens resulting in flight of capital from Pakistan to Malaysia and Bangladesh.

Burial of victims of Karachi violence in their hometowns has sparked fear and harassment amongst people all over the country provide substantial evidence that Karachi has reached the verge of destruction threatening Pakistan’s stability.

Published in The Express Tribune, August 25th, 2011.]]>
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			<title>Judicial intervention: SC takes suo motu notice of Karachi violence</title>
			<link>https://tribune.com.pk/story/236881/karachi-violence-cjp-takes-suo-motu-notice</link>
			<comments>https://tribune.com.pk/story/236881/karachi-violence-cjp-takes-suo-motu-notice#comments</comments>
			<pubDate>Mon, 22 Aug 11 08:06:17 +0500</pubDate>
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				<![CDATA[qaiser.zulfiqar]]>
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			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=236881</guid>
			<description>
				<![CDATA[Court directs TV channels to submit footage within 24 hours.]]>
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				<![CDATA[With political forces struggling to contain outbreaks of extreme violence in the country’s largest city, the Supreme Court stepped in on Monday – taking suo motu notice of the continuous bloodshed over the last three months.


The court has directed all television channels to submit related video footage within 24 hours.

A statement issued by the court’s human rights cell said that notices have been issued to all channels. The cell will review the footage and then forward the matter to Chief Justice Iftikhar Muhammad Chaudhry for further orders.

The suo motu follows an appeal by religious scholar Dr Tahirul Qadri, who wrote a letter to a local newspaper urging the court to intervene as the federal and Sindh governments have failed to control the situation.

Meanwhile, in a first instance of a petition calling for the armed forces to protect civilians, Advocate Tariq Asad has petitioned the court to direct the federal government to proclaim an emergency and call in the armed forces to assist civil authorities to protect the lives and liberties of Karachi’s citizens as guaranteed in the Constitution.

Prime Minister Gilani, Interior Minister Rehman Malik, interior secretary, Sindh chief secretary and Sindh home secretary are named as respondents in the petition.

The petitioner has also asked the court to order Malik to disclose the ‘third force’ responsible for target killings in Karachi and resign if he can’t tackle that force.

Asad says that all political parties have demanded that the armed forces be asked to control the situation in Karachi and even the army chief has offered assistance. Therefore, respondents should be directed to submit a comprehensive report before the court, saying how many people have been killed and who is responsible for the killings.

(Read: Calling in the army is no solution)

Separately, a senior Supreme Court advocate Hashmat Habib has requested the chief justice to constitute a high-level judicial commission to investigate the Karachi killings.

The commission, he proposes, should comprise two senior Supreme Court judges and the chief justices of all high courts. Habib says that Karachi’s situation is ‘tailor-made’ merely to get American aid by bringing the army into action but those who are inviting the army should remember that once they come out of their barracks, it will be difficult to send them back.

Therefore, political pressure should be exerted on local police, who should be empowered to control the situation.

 

Published in The Express Tribune, August 23rd, 2011.]]>
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