Suo motu: Sindh govt given 2 days to appoint ATC judges

Published: September 6, 2011
The court’s suo motu notice, now in its fourth hearing, came after three months of unabated violence in the metropolis that killed over 400 people. PHOTO: PPI/FILE

The court’s suo motu notice, now in its fourth hearing, came after three months of unabated violence in the metropolis that killed over 400 people. PHOTO: PPI/FILE

KARACHI: 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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Reader Comments (9)

  • Arifq
    Sep 6, 2011 - 1:04PM

    {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.}

    Executive, Judiciary and Legislator these are the three pillars and each has to be separate from the other, is the honorable CJP not aware of this?


  • A J Khan
    Sep 6, 2011 - 1:14PM

    “”The chief justice, once again expressed displeasure over the performance of law enforcement agencies as the hearing of the suo motu case resumed in Karachi.”””
    Is the CJ satisfied with the 0.25% conviction rate of terrorists from judiciary???

    Atleast the public is not!!!


  • syed Imran
    Sep 6, 2011 - 1:28PM

    This Government will try its utmost not to cooporate with the court and will never produce any criticaL evidence. The CJ must call the ISI and MI as also Zulfiqar Mirza. In case the Supreme court fails in reaching a decision, we will see the whole thing coming back to Karachi and than the Courts will be responsible.


  • SA
    Sep 6, 2011 - 1:42PM

    SC-Need to decide the case with out compromised. This nation suffered a lot due to compromises in so called national interest.

    Zulfiqar Mirza has given the statements on Quranic Oath, he should called by SC to record his statement/evidences.


  • Crying for Karachi
    Sep 6, 2011 - 3:47PM

    Why does not we remember 1992 Action in Karachi by Gen Naseer ullah Baber helped restore the peace.
    Why in Musharaff rule the L E A personals who took part in action were targetted one by one and Killed did any one took notice those Killing.

    Yes L E A Jawans took notice of that,

    it is still not late if some notice is taken of that


  • Pakistani
    Sep 6, 2011 - 6:01PM

    @Crying for Karachi: 1992 operation was not done by Naseer ullah babar.


  • Wasil Arian
    Sep 6, 2011 - 8:30PM

    Judiciary is one of the institutions of State besides Exective and Legistature and for proper functioning of state they have to commpliment each other. Here judiciary appears to be doing what is required from it, but due to lack of complimentary support it is very hard for it to be reasonably efffective. The other institutions held by political parties however were not willing to do their part as Karachi problem was their own creation. The continuation of mayhem has so far been suited them. But now the situation has deteriorated to such an extent that change of course may recieve some consideration.
    It is not easy to control armed wings of political parties, as historically these are most emduring units which exist in the form of warlords, drug cartels, street gangs and militias.
    They are specialiized in use of weapons, inorgnizing turf fifights,wielding power tocoerce. These gang members are not motivated by economic gains only they are coached to fight for honour associated with race, native land, religion, language etc. For them all works relating to trade,industry or agriculture are contemptible. They hate peace and quiet, they consider getting something with the sweat of brow instead of shedding the blood beneath them. Bottom line is that this problem is a very hard nut to crack and needs strong will andstrident action to cope with.


  • realize
    Sep 6, 2011 - 9:03PM

    Yet another example of transferring your responsibility to lower courts. Put their judges at the mercy of hardened criminals, while protecting your thick skin. Since you are the head of judiciary, Sir, and you like to have a say in each and every appointment, why don’t you do it in two days instead of asking the government.


  • Sep 6, 2011 - 10:31PM

    Why SJ is not calling Zulfiqar Mirza to produce Proofs in the Court. A man like him just cannot stand and take holy book in his hands on a fine morning and start abusing every tom, dick and harry. He should be heard and if he is wrong, he too may be punished for speaking lies over media.

    Dr.. Saleem Siddiqi
    Johannesburg – South AfricaRecommend

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