Probe delays stall progress in May 9 cases

RAWALPINDI:

Investigation teams comprising the highest-ranking officers of the Rawalpindi police could not present challans in seven cases registered in connection with rioting, arson, and vandalism on May 9 despite a lapse of six months.

Sources privy to the matter revealed that due to this, the legal hearings in these cases have faced significant delays. The cases involve incidents such as the attack on the General Headquarters (GHQ), an army museum, and an assault on a sensitive intelligence agency's office.

As a consequence of the investigation delays, the special anti-terrorism court has been unable to proceed with any cases associated with May 9. Moreover, sources said individuals accused in these cases from seven police stations, including Civil Lines, Dhamyal, Cantt, RA Bazar, City, Waris Khan, and New Town, were granted bail.

They also said the trials in three military courts in Rawalpindi have also been suspended following the Supreme Court's declaration that such trials were unlawful.

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The parents and attorneys of the twelve people accused of attacking an army museum, the GHQ, and an intelligence agency’s office have been officially notified of this halt.

However, it's worth noting that the suspects remanded by the Special Anti-Terrorism Court remain in the custody of intelligence agencies.

In light of the Supreme Court's ruling, the accused's attorneys intend to submit a petition to the Special Anti-Terrorism Court next week for the release of all individuals held in military custody. Preparations for these applications have already been made, with the submission expected to occur the following Monday.

Furthermore, the accused who had been previously released by the Special Anti-Terrorism Court and the Lahore High Court’s Rawalpindi Bench are now being retaken into custody. New charges of ‘organised conspiracy’ have been added to these cases, and directives have been issued for the re-arrest of those previously released on bail, sources added.

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According to legal requirements, the police must present the challan (charge sheet) within 14 days, but in the case of the May 9 incident, 183 days have elapsed, and the investigation remains incomplete.

Police sources, speaking on condition of anonymity, have revealed that no official from any intelligence agency has provided statements to fulfil legal obligations in all the cases registered in Rawalpindi police stations.

Additionally, efforts are underway to address significant legal gaps.

It is worth noting that in all cases related to May 9, the Lahore High Court’s Rawalpindi Bench has declared Section 7 of the Anti-Terrorism Act as unlawful, and this decision remains unchallenged in any legal forum.

 

Published in The Express Tribune, November 9^th, 2023.