Karachi law and order: Sustainability is the word, CJ tells government
SC bench not very excited about the idea of establishing more special courts in Karachi.
“This whole exercise [targeted operation] will be futile if the accused don’t stand trial.”
KARACHI:
If the government thought giving the Supreme Court a long list of arrests would be enough, they found out during Wednesday’s suo motu hearing that a lot more needs to be done.
The Supreme Court’s five-member bench, comprising Chief Justice Iftikhar Chaudhry and justices Jawwad Khawaja, Mian Saqib Nisar, Amir Hani Muslim and Ejaz Afzal Khan, was hearing the Karachi violence suo motu case on Wednesday morning. The judges accepted that the targeted operations in the city were making some difference, but they wanted to make it last.
“Of the numerous people that you’ve arrested, how many have been provided evidence against and how many of them will be able to stand trial,” CJ Chaudhry questioned the advocate-general, Khalid Javed Khan. The chief justice emphasised that challans need to be submitted against suspects. “This whole exercise [targeted operation] will be futile if the accused don’t stand trial.”
The advocate-general gave a vague response on arrangements that need to be made before trials, but CJ Chaudhry pointed out that trials can be started immediately for suspects who are already in jails.
Khan reverted to the government’s progress report, which in Justice Khawaja’s opinion failed to show much except numbers. “Where are the graphs?” he asked, explaining that it would be better if the government provided trends to show if killings have actually gone down. He directed the advocate-general to prepare a report on the status of arrests, trials etc, with a timeline to show how effectively the operation is achieving targets.
The apex court bench was, however, in agreement that the targeted operation needs to be sustained. “The message will only go across when you put these men [who have been arrested] to trial and make that trial expeditious,” remarked the chief justice.
The advocate-general accepted that holding trials is an area the government needs to work on. He gave the example of Geo Television reporter Wali Babar, whose murder trial had to be moved to another city as the prosecutors and witnesses were being gunned down.
More special courts
The apex court bench was not particularly on board with the government, which had requested five additional special courts to deal with cases of arms. The chief justice suggested utilising the existing courts in a better way. “If the anti-terrorism courts follow the anti-terrorism law, then they must finish trial in seven days,” he said.
Use of illegal SIMs
Tracing criminals, especially those involved in kidnappings, is difficult as most of them use mobile SIMs that cannot be tracked down, admitted the advocate-general. “This is a key element in tackling the law and order situation,” agreed Justice Khawaja. In fact, he said, a large number of SIMs being used in Pakistan are from as far away as Afghanistan and Dubai.
The bench noticed the absence of telecommunication companies to give replies to their queries. “They had been notified to attend the hearing,” Justice Khawaja pointed out. The bench also notified the Frequency Allocation Board of Pakistan to attend the next hearing to suggest what actions Pakistan Telecommunication Authority can take. The judges blamed the PTA for the surge in unauthorised SIMs as the existing codes allow a person to hold as many SIMs as he wants.
“If we want to pass an effective order, we must understand the use of SIMs,” said Justice Nasir. Roaming is legal, he said, adding that what is dangerous is how criminals can use the frequency of another country to operate a device in Pakistan. “We need to make sure that the frequency of another country does not work as soon as anyone crosses the border into Pakistan.”
The advocate-general agreed. “The PTA had been working as a post office lately,” he said. In fact, Khan begged the court pass an order to make all agencies, private and otherwise, accountable to court orders. “Otherwise, nothing will happen,” he pleaded. Laughing, the chief justice assured him they will extend their order. “No one is bothered,” said Justice Khawaja. “Notices have been sent but no one bothered to show up as the PTA has no authority.”
Published in The Express Tribune, November 28th, 2013.
If the government thought giving the Supreme Court a long list of arrests would be enough, they found out during Wednesday’s suo motu hearing that a lot more needs to be done.
The Supreme Court’s five-member bench, comprising Chief Justice Iftikhar Chaudhry and justices Jawwad Khawaja, Mian Saqib Nisar, Amir Hani Muslim and Ejaz Afzal Khan, was hearing the Karachi violence suo motu case on Wednesday morning. The judges accepted that the targeted operations in the city were making some difference, but they wanted to make it last.
“Of the numerous people that you’ve arrested, how many have been provided evidence against and how many of them will be able to stand trial,” CJ Chaudhry questioned the advocate-general, Khalid Javed Khan. The chief justice emphasised that challans need to be submitted against suspects. “This whole exercise [targeted operation] will be futile if the accused don’t stand trial.”
The advocate-general gave a vague response on arrangements that need to be made before trials, but CJ Chaudhry pointed out that trials can be started immediately for suspects who are already in jails.
Khan reverted to the government’s progress report, which in Justice Khawaja’s opinion failed to show much except numbers. “Where are the graphs?” he asked, explaining that it would be better if the government provided trends to show if killings have actually gone down. He directed the advocate-general to prepare a report on the status of arrests, trials etc, with a timeline to show how effectively the operation is achieving targets.
The apex court bench was, however, in agreement that the targeted operation needs to be sustained. “The message will only go across when you put these men [who have been arrested] to trial and make that trial expeditious,” remarked the chief justice.
The advocate-general accepted that holding trials is an area the government needs to work on. He gave the example of Geo Television reporter Wali Babar, whose murder trial had to be moved to another city as the prosecutors and witnesses were being gunned down.
More special courts
The apex court bench was not particularly on board with the government, which had requested five additional special courts to deal with cases of arms. The chief justice suggested utilising the existing courts in a better way. “If the anti-terrorism courts follow the anti-terrorism law, then they must finish trial in seven days,” he said.
Use of illegal SIMs
Tracing criminals, especially those involved in kidnappings, is difficult as most of them use mobile SIMs that cannot be tracked down, admitted the advocate-general. “This is a key element in tackling the law and order situation,” agreed Justice Khawaja. In fact, he said, a large number of SIMs being used in Pakistan are from as far away as Afghanistan and Dubai.
The bench noticed the absence of telecommunication companies to give replies to their queries. “They had been notified to attend the hearing,” Justice Khawaja pointed out. The bench also notified the Frequency Allocation Board of Pakistan to attend the next hearing to suggest what actions Pakistan Telecommunication Authority can take. The judges blamed the PTA for the surge in unauthorised SIMs as the existing codes allow a person to hold as many SIMs as he wants.
“If we want to pass an effective order, we must understand the use of SIMs,” said Justice Nasir. Roaming is legal, he said, adding that what is dangerous is how criminals can use the frequency of another country to operate a device in Pakistan. “We need to make sure that the frequency of another country does not work as soon as anyone crosses the border into Pakistan.”
The advocate-general agreed. “The PTA had been working as a post office lately,” he said. In fact, Khan begged the court pass an order to make all agencies, private and otherwise, accountable to court orders. “Otherwise, nothing will happen,” he pleaded. Laughing, the chief justice assured him they will extend their order. “No one is bothered,” said Justice Khawaja. “Notices have been sent but no one bothered to show up as the PTA has no authority.”
Published in The Express Tribune, November 28th, 2013.