For the sake of justice: SHC allows transfer of twenty high-profile trials outside Karachi

Govt and law enforcers confident the transfers would help expedite proceedings.

KARACHI:

The Sindh High Court (SHC) Chief Justice Maqbool Baqar has given approval to the provincial government's request to transfer trials of at least twenty high-profile cases of terrorism and sectarian violence from the anti-terrorism courts of Karachi to the anti-terrorism courts at Sukkur and Hyderabad, The Express Tribune learnt on Saturday.

The trial proceedings' transfer coincides with the shifting of dozens of under-trial prisoners and convicts from the heavily guarded Karachi central prison. The facility is facing mounting threats by militant outfits who would wish to save their colleagues from facing stricter sentences under the anti-terrorism law, authorities believe.

Sources privy to the development counted the trial proceedings relating to the twin-bomb blasts on the shrine of the Sufi saint, Abdullah Shah Ghazi, the bomb attack on the convoy of Justice Maqbool Baqar, murders of Muttahida Qaumi Movement lawmaker, Sajid Qureshi, and lawyer, Naimat Ali Randhawa and others pertaining to killings of law enforcers among the cases transferred outside the city.

"Around twelve cases that were requested to be shifted outside the city are pending before the Anti-Terrorism Court-III, while eight are pending before the Anti-Terrorism Court-II in Karachi," a judicial officer explained.

They recalled that the SHC CJ had received a request from the home department, in December, seeking the relocation of important terrorism and sectarian related trial proceedings outside the city in the face of serious threats to the suspects, witnesses and the state prosecutors.

"Most of the suspects nominated and facing trials in these cases belong to the Tehrik-e-Taliban Pakistan, the Lashkar-e-Jhangvi outfit and some political groups," a police officer, who is part of the correspondence between the executive and judiciary, told The Express Tribune. The suspects include Masoom Billa alias Abu Bakr, Muhammad Muaviyah, Akram Lahori, Ziauddin, Taufeeq Ansari, Dawood, and the MQM worker, Kazim Abbasi Rizvi.

Fruitful exercise?

The government authorities and law enforcers are optimistic that the transfer of trials from the intense and insecure environment would ultimately yield results, leading to success in punishing the law breakers.

Some lawyers involved in the cases, however, remained skeptical about the exercise. A lawyer engaged with the Justice Baqar attack case, on the condition of anonymity, remarked that the transfer of proceedings from one city to another would result in various problems for both the prosecution and the defence.

"If in a case, for instance, all the witnesses, the investigation officer and the prosecutor are based in Karachi, imagine how much time and resources it would take to shift the evidence and protect the witnesses, who are the most vulnerable part of the trial," the lawyer argued.

"The defence and state lawyers may be able to claim reimbursement of expenses from the state because it is their duty to appear in courts, but the witnesses would feel more disturbed and ultimately may lose interest. This could be a serious setback to justice," he added.

Respite for prosecutor

State prosecutors performing their duties in the anti-terrorism courts in Karachi were, however, satisfied.

"Twelve cases out of the total 235 cases pending before the ATC-III, have been transferred to either Hyderabad or Sukkur. Similarly, eight out of total 265 cases pending before ATC-II, are also transferred. This is a great relief for the judges, prosecutors, suspects, witnesses and the investigation officers," said special prosecutor Abdul Maroof, adding that it would result in speedy trial.

Published in The Express Tribune, February 16^th, 2014.