The Supreme Court believes that the provincial home department is running a parallel judicial system in utter disregard to rule of law and orders of the courts.
The observation came on Thursday when a larger bench of the apex court hearing the implementation of its suo moto case on Karachi came to know that 193 convicted and 35 under-trial prisoners - all charged with crimes of heinous nature such as murder, kidnapping for ransom and narcotics - were released by the Sindh government on parole. The five member bench comprised Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Sarmad Jalal Osmany, Justice Amir Hani Muslim and Justice Gulzar Ahmed.
Inspector-General Prisons, Zafar Abbas Bukhari, submitted two separate reports on Thursday. He informed the court that total 193 prisoners, who were convicted to undergo life imprisonment in different cases, were released from prisons on a summary sent to the prison department by the home secretary during last five years.
He further disclosed that 35 prisoners facing trial in cases of serious nature were also released on ‘temporary’ parole.
“It seems that a parallel judicial system is being run in the government (home) department,” observed Justice Anwar Zaheer Jamali. “Then, what is the importance of the courts? Why not just set-up their own courts,” the judge remarked.
To a question from the bench, prisons chief admitted that none of those released on parole have returned to jail till today.
Expressing their dismay over information, the judges said the courts were striving hard to punish the criminals, but the government was releasing them in violation of laws.
The bench sought an explanation from Additional Chief Secretary for Home Department, Waseem Ahmed, who said that he had already written a letter to the Sindh police chief in 2009 with a request to arrest all such prisoners, but no one was arrested.
The IG Prisons and Parole Department Director, however, failed to satisfy the court on which grounds the convicts were released. They explained the criteria for release of any prisoner on parole was his ‘good behaviour’ in jail.
“The way you are working, you should go to the jail,” remarked Justice Amir Hani Muslim, as he questioned how convicts of murder cases could be released unless they were pardoned by the heirs of the victims.
Annoyed over the manner the affairs of state were being managed, Justice Amir Hani Muslim remarked: “We don’t expect anything from the current set up of the present regime.”
He added that “the orders and observations of the courts are not needed in all matters. Why don’t you take action on your own? “
Earlier, the bench turned down reports submitted by city police chief and Prosecutor-General on number of accused arrested in target killing cases.
City police chief, Iqbal Mehmood, and Prosecutor-General, Shahadat Awan, submitted their reports, with contradictory figures of killings that took place during the last one year, arrests of accused and those charge sheeted.
Justice Sarmad Jalal Osmany remarked: “The problem would not resolve with couple of arrests. There is a need to launch a clean up operation to improve law and order situation in city.”
Justice Khilji remarked that the strategy adopted by police to arrest a person and show his involvement in 100 murder cases would not work anymore.
“The number of accused, who are still absconding can be in thousands,” the judge said, adding that police were showing some murder cases as target killing incidents and some were shown as natural deaths.
“Around 90 per cent of the residents of Karachi have become psycho patients,” Justice Khiljie remarked.
The court ordered city police chief and Sindh’s prosecutor-general to compile their respective reports with correct figures.
Hearing was adjourned till next session of the court.
Published in The Express Tribune, November 2nd, 2012.
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Should not the home secretary who illegally released prisoners be taken to task for this? I do not see any mention of arrest warrants for him.
Some people see it the other way around.
Democracy is the best revenge against sane honest hardworking people.
Can you image something like this happening any Western country -- or any truly Democratic country? Your own leaders ignore the law and set loose killers with apparently no concern that there will be consequences. This would be front page news in any civilized country and anyone remotely involved including the police who obeyed obviously illegal orders would lose their jobs and be prosecuted. Lets hope justice prevails and the new victims of these freed criminals get compensated by the State.
I wonder what is Asma Jehangir's position on the Sindh Govt., or Aitzaz Ahsan's? Or our attorney general's? Should the SC not have taken notice of this?
The only institute (SC) is running everything in the country.
The position explained above showing how bad governance is being observed in Karachi. But there seems no hope for improvement in our country. One can only pray and nothing.