Will sending street crime cases to ATCs solve the problem?

CPLC says over 60,000 people were mugged in the city in 2016

KARACHI: Were you one of the 60,000 people mugged in Karachi last year? As per the Citizens-Police Liaison Committee, street crime in Karachi shows no signs of relenting.

While the Karachi operation might have suppressed militancy and terrorism in the volatile metropolis, a serious surge in street crime was witnessed, prompting the authorities to come up with a solution. The chief minister came up with one: send all street crime cases to the anti-terrorism courts (ATCs).

In the last meeting of the apex committee on January 2, Chief Minister Murad Ali Shah had asked his law adviser, Murtaza Wahab, and prosecutor-general, Shahadat Awan, to suggest whether cases of street crimes could be sent to anti-terrorism courts (ATCs). He had ordered them to suggest amendments in the Anti-Terrorism Act (ATA), 1997.

Senior serving and retired police officials were taken aback at this suggestion — to them, improving and strengthening of policing is a more plausible solution instead of putting additional burden on the ATCs.

During the meeting, the chief minister directed Sindh IG Allah Dino Khawaja to take necessary measures to stop street crime. He approved vigorous operations against street criminals and drug and land mafias. He then directed Wahab and Awan to suggest amendments in the law. “I am committed to the people of Karachi [and want] to make this city free of street crime,” he said, categorically adding at that time that he would not listen to any excuses. “I want results.”

Confusion prevails

The provincial government is likely to withdraw its decision regarding the proposition of amendments to ATA, said officials in the Sindh government. Those who were directed to make such amendments seem to be confused as they believe that trial of street crime cases in the ATCs cannot be made possible due to a number of issues.

“This is a complicated issue as [the anti-terrorism] law comes under [the] federal government and without consultation of the federal government, the provincial government cannot [make] such changes,” said a senior government official. He further remarked that even though decisions are made every now and then, implementation remains a big issue. “Like others, the fate of this decision will also [remain] bleak,” he said.

“The apex committee had decided to take concrete steps to help eliminate street crime,” law adviser Wahab told The Express Tribune. The government is now doing its homework on the decisions taken in the apex committee meeting, said home secretary Shakeel Mangnejo. “The minutes of the meeting have been approved now,” he said.

Alternative suggestions

Meanwhile, top police officials expressed dismay over the government’s ill-planning and the idea of amending the ATA. Former top police officials stressed that the normal system of policing should be improved instead of introducing new laws.

“It has become a common practice to do [just anything] new [such as establishing] special courts,” said former Sindh IG Shoaib Suddle. “Actually, it is not [the] right way. Does anyone have any idea what would happen if the police started sending street crime cases to the ATCs? There would definitely be overcrowding and there would [be] no difference between [lower] courts and the ATCs.”

The investigation process should be improved urgently and investigators should focus more on scientific and forensic evidence instead of normal practices, such as witness accounts, he suggested. There is also a dire need of improving the conviction rate. “Across the world, 80% prisoners are convicted in the prisons but, in Pakistan, you will find 80% under-trial prisoners,” he claimed.

Another retired Sindh IG also criticised the proposition. “Nothing [could be] more absurd than that,” said former Sindh IG Afzal Shigri. “What is going on here? Everyone’s case is being registered under [the anti-terrorism] act. Our government should learn lesson from the world that fought terrorism. But in our country, lawmakers and terrorists all are being tried in the ATCs alike. It’s a joke.”

Former CPLC chief Nazim Haji was of the view that the solution lay in the revival of the Police Order 2002. “This should be revived with some amendments,” urged Haji. “This system will help in reforms in the police department as the police have now been criminalised and politicised.” He termed the suggestion to amend the ATA a ‘short cut’. “Things will not improve until reforms [are introduced] in the departments concerned, including the judiciary, police, prisons and prosecution,” he said. “As reforms are hectic and difficult work, no one is interested. It is like making fool of the public. Why don’t they [government] try the street crime cases in military courts?”

Published in The Express Tribune, January 20^th, 2017.