Lethargic officials: With no charge-sheets, ATCs struggle to dispense justice

ATC directs IG to take action against investigation officers for causing delay in trials.


Rizwan Shehzad January 16, 2014
ATC directs IG to take action against investigation officers for causing delay in trials. PHOTO: FILE

KARACHI: An Anti-Terrorism Court (ATC) directed the Sindh Inspector General (IG) of police on Thursday to take action against several investigation officers for delaying trial of 22 cases due to the non-submission of charge-sheets against the suspects.

The cases pertain to terrorism, murder, extortion and kidnapping as well as those falling under the explosives acts and the arms ordinance. The list revealed that the cases were pending because of the negligence of the officials of the Investigation-I East, the Anti-Violent Crime Cell (AVCC), Crime Investigation Department (CID) and the Investigation Crime Branch-II.

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Judge Bashir Ahmed Khoso of ATC-I, while issuing the list of the 22 cases, directed the provincial IGP to take measures to dispose of the cases at the earliest.

The court also directed the IGP to make sure that every investigation officer produced police files and submitted a charge sheet of the cases under Section 173 of the Criminal Procedure Code within the stipulated time.

The details surfaced when the District East SSP Munir Ahmed Sheikh appeared before the court in connection with an extortion case. The case was pending before the court due to the absence of the investigation officer, Abdul Waheed, for the last couple of months. The SSP was summoned when the counsel of three suspects, Aurangzaib, Asif and Javed, filed an application for their acquittal for want of evidence.

The suspects had been caught red-handed when they had gone to collect extortion money from a man, Tahir Aziz, a few months ago. When the case was taken up, the SSP told the court that the officer was suspended as well as demoted a few days ago and since then, he could not be traced. Before the open court, Sheikh said that he would register a case against the officer if not found till that evening.

On his statement, the court directed the Sindh IG to ensure that the police file along with a report was submitted before the court in the next 24 hours.

The delay in the disposal of the cases is a violation of the law as section 19 (7) of the Anti-Terrorism Act, 1997, says that on taking cognizance of a case, the court shall proceed with the trial daily and shall decide it within seven days. In case of a delay, an application may be made to the administrative judge of the relevant high court for its expeditious disposal.

Many of the suspects were sent to jail on judicial remand in October, November and December 2013 and since then, the investigation officers have not appeared before the court and submitted the charge sheets.

The trial of around 170 cases is pending in ATC-I, about 220 in ATC-II, over 200 in ATC-III and around 70 cases each before ATC- IV and V, leaving the courts with no option but to hear around 10 cases daily.

Published in The Express Tribune, January 17th, 2014.

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