Suo motu action on Karachi: CJ seeks report from chief secretary, IGP Sindh
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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Lot of cases is peinding Sindh High Court Karachi i.e CP.NO.1846/2009 wait for last three years. Adocate Zamir Ghumaro. whose responsible ?????????? our courts is fruit less
@Mirza You would never be happy. You always criticize when someone takes a positive step in Pakistan. I do not know what problem do you have with CJP and Pak Army. Grow up and think positive.
This is the right time, because the government has been completely exposed by it's helplessness, negligence and in some cases outright complicity in human rights abuses in Karachi. If the CJ had taken action earlier, we would have had dozens of replies by now, criticizing him for his 'interference'. It's a damned if you do, damned if you don't situation. At least our judges read the newspapers. I doubt any of our criminal supporting politicians bother to even watch the news - unless they want to see a performance of their appearance on a chat show.
What did wake him after such a long time? A letter by a mullah is a good enough reason while the death of hundreds of innocent civilians is not?
While the intention is well-meaning, it is not clear what the Chief Justice intends to achieve exactly by taking suo motu notice of the killings in Karachi. If there is indeed some rhyme or reason to justify this action of the Chief Justice, why only now and merely on the basis of a letter published in a local daily? What exactly compelled the Chief Justice to do so? Is it because almost all "institutions" of the state, save for the Supreme Court, have already joined the fray in Karachi and expressed, in one way or the other, their concern, however, superficial? Expect the Chief Justice to order, yet again, the executive arm of the government to do the Supreme Court's bidding. Such distraction is unwarranted at the moment.
While I greatly appreciate the CJP's suo moto notice of Karachi violence, I would be extremely impressed, if, in his capacity as Chief Justice of Pakistan he would also work on overhauling and streamlining the judicial system at every level to ensure that speedy justice is actually given to those who seek it.
By developing procedures for incorruptible accountability and selection and promotion of competent, honest and independent judges. By being aware of the fact that certain man made laws have been misused to justify murder and pillage. By ensuring that right and wrong are clearly understood by all those in the judiciary. By ensuring that murderers, rapists, acid throwers are given sentences that act as deterrents to other potential criminals.
That is a lasting legacy he would leave and for which the citizens of this country would be eternally grateful.