Lawyers baulk at fighting terrorist cases

Terrorised by the attack on CID, government lawyers fighting terrorist cases go to court, fear for their safety.


Zeeshan Mujahid November 14, 2010

KARACHI: Apparently terrorised by Thursday’s attack on the Criminal Investigation Department, government lawyers fighting terrorist cases went to court, saying they feared for their safety.

Muhammad Khan Buriro, a prosecutor for anti-terrorism court III, headed by Judge Anand Ram Hotwani, moved an application in a case against alleged members of the Tehreek-i-Taliban Pakistan for attacking AIGP Farooq Awan of the Anti-Violent Crime Cell. Buriro expressed concern for his own security. The court adjourned the proceedings till Dec 1.

Mubashir Mirza, the state-appointed special public prosecutor for ATC II, headed by Judge Syed Hasan Shah Bokhari, moved a similar application. He said that because of perceived threats in phone calls from unidentified members or supporters of terrorist outfits, he could not risk his life and fight cases unless he received appropriate security and an escort.

He was scheduled to make an appearance in a case against Lashkar-e-Jhangvi activists involved in the abduction and murder of a trucker managing a fuel tanker service for Nato forces in Afghanistan. The court accepted his application, condoned his absence and adjourned the trial till Nov 20.

Buriro later told journalists that the level of threat had increased after the recent terrorist attacks in the city. Their fears were genuine, he said, giving the example of an incident at the city court in which accomplices of a terrorist organisation freed their men from police custody.

“We have raised the issue of security at all government levels, including the Home department and then with the Prosecutor General, but as no security was provided, we were left with no choice but to inform the court,” Buriro said.

For his part, Prosecutor General Sindh Shahadat Awan referred to the Mehram Ali case, considered a landmark judgment for anti-terrorism courts.

The apex court had a detailed hearing after which a number of sections were struck down. After scrutiny of the ATC law, the court held that judges and prosecutors of ATCs shall be given security till a case is finalized up to the apex court , that is all stages and appeals exhausted, he said.

“Their demand for security is justified, they are working hard and with honesty and in view of the nature of the cases they are handling as SPPs, they should be given proper security cover,” said the PG. He has raised the problem with the Home department but the situation in the city is such that additional police force is not available.

Daniel Pearl case security

When asked about the resignation of Raja Qureshi, the SPP in the Daniel Pearl murder case, Awan told The Express Tribune that the trial was moved to Hyderabad for security reasons. He said that the government paid Qureshi Rs2.5 million and each of his aides Rs0.5 million to fight the case. The Sindh Prosecution department received a number of letters from the trial court in Hyderabad, according to which the SPP was not appearing for the trial.

Upon inquiring, it was found that no one was appearing on behalf of the state, said Awan. After that I wrote a letter to the Home department, stating that a huge amount was paid to SPP Raja Qureshi and if he is not conducting the case, he may be asked to return the fee or the “facility” provided to him be withdrawn. This might have prompted the Home department to with draw the police escort and this is perhaps why he resigned, said the PG, adding that he would look into the matter of his resignation on Monday.

Published in The Express Tribune, November 14th, 2010.

COMMENTS

Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ