Magistrates taken to task for excess holidaying
Pillion riders spend extra hours in jail because no JMs came to court.
KARACHI:
Judicial magistrates were taken to task on Saturday when an unlucky bridegroom’s wedding was put on hold because he was in jail and there were no one to hear his case.
The Ferozabad police brought in two men, Imran and his friend Ghulam Hussain, who had been arrested for pillion riding or ‘double sawari’. But since there was no magistrate, the men had to be taken back to the lockup.
When the news was aired on TV, District and Sessions Judge East Sadiq Hussain Bhatti took charge and ordered all the judicial magistrates of East district to come to court and hear pending cases. He also ordered the police to present all arrested people before the courts.
Although many of the city’s lawyers went to court on Saturday, a dire lack of judicial magistrates meant that several cases were put on hold. Judicial magistrates of all courts except that of the Central district were on holiday because of Eid.
Other than the jailed groom and his friend, there were several others who had been arrested for petty violations such as pillion riding and were sent back to prison.
Meanwhile, the Landhi police brought two suspects, Mohammad Khalid and Dilawar, arrested on charges of robbery to court while the Nabi Baksh police brought in a suspect, Kamran, for possession of drugs.
Following the orders of the judge, the Ferozabad police presented Imran and Hussain in court and the judicial magistrate ordered the police to immediately release the two men. All magistrates of the other districts also came to court and performed their duties for the remaining part of the day.
Pillion riders speak out
The residents who were arrested for pillion riding and were released later told the media that the violation of the ban on pillion riding falls under small crimes. They can easily be dealt with by the DDOs. However, recently the authority to hear these cases was given to judicial magistrates. This decision has adversely affected hundreds of men, who have cases pending in courts. The residents appealed to the higher judicial authorities to allow the DDOs to deal with pillion ban violations.
The ban was imposed by the Sindh home department under Section 144 CrPC around two years ago. Violators are to be punished under Section 188 of PPC.
Removed and imposed again several times, the ban has remained a controversial decision.
On November 15, the Judicial Magistrate Malir had fined Investigating Officers (IOs) of several police stations and freed more than four dozen men who were arrested for violating the ban. When the IOs of different police stations, including Malir City, Gadap, Memon Goth and others produced the accused men, the magistrate noted that the majority of them were over 40 years old and were senior citizens. The court also held that a police officer cannot become a complainant in a case of the pillion riding ban violation and only the officer who has the powers to pronounce or impose a ban can be a complainant. These officials include the District Coordination Officer (DCO), District Nazim and Home Secretary. Each IO was fined Rs 10,000 and all the pillion riders were freed.
Published in The Express Tribune, November 21st, 2010.
Judicial magistrates were taken to task on Saturday when an unlucky bridegroom’s wedding was put on hold because he was in jail and there were no one to hear his case.
The Ferozabad police brought in two men, Imran and his friend Ghulam Hussain, who had been arrested for pillion riding or ‘double sawari’. But since there was no magistrate, the men had to be taken back to the lockup.
When the news was aired on TV, District and Sessions Judge East Sadiq Hussain Bhatti took charge and ordered all the judicial magistrates of East district to come to court and hear pending cases. He also ordered the police to present all arrested people before the courts.
Although many of the city’s lawyers went to court on Saturday, a dire lack of judicial magistrates meant that several cases were put on hold. Judicial magistrates of all courts except that of the Central district were on holiday because of Eid.
Other than the jailed groom and his friend, there were several others who had been arrested for petty violations such as pillion riding and were sent back to prison.
Meanwhile, the Landhi police brought two suspects, Mohammad Khalid and Dilawar, arrested on charges of robbery to court while the Nabi Baksh police brought in a suspect, Kamran, for possession of drugs.
Following the orders of the judge, the Ferozabad police presented Imran and Hussain in court and the judicial magistrate ordered the police to immediately release the two men. All magistrates of the other districts also came to court and performed their duties for the remaining part of the day.
Pillion riders speak out
The residents who were arrested for pillion riding and were released later told the media that the violation of the ban on pillion riding falls under small crimes. They can easily be dealt with by the DDOs. However, recently the authority to hear these cases was given to judicial magistrates. This decision has adversely affected hundreds of men, who have cases pending in courts. The residents appealed to the higher judicial authorities to allow the DDOs to deal with pillion ban violations.
The ban was imposed by the Sindh home department under Section 144 CrPC around two years ago. Violators are to be punished under Section 188 of PPC.
Removed and imposed again several times, the ban has remained a controversial decision.
On November 15, the Judicial Magistrate Malir had fined Investigating Officers (IOs) of several police stations and freed more than four dozen men who were arrested for violating the ban. When the IOs of different police stations, including Malir City, Gadap, Memon Goth and others produced the accused men, the magistrate noted that the majority of them were over 40 years old and were senior citizens. The court also held that a police officer cannot become a complainant in a case of the pillion riding ban violation and only the officer who has the powers to pronounce or impose a ban can be a complainant. These officials include the District Coordination Officer (DCO), District Nazim and Home Secretary. Each IO was fined Rs 10,000 and all the pillion riders were freed.
Published in The Express Tribune, November 21st, 2010.