Pending justice: Hundreds of terror cases await verdicts at SHC
While the moratorium on executions has been lifted, the judiciary continues to be plagued by delays
KARACHI:
The government has decided to resume executions of convicts involved in crimes of a heinous nature. A number of appeals of convicts and references of the anti-terrorism courts for confirmation of death sentences are pending disposal at the Sindh High Court (SHC), The Express Tribune has learnt.
According to statistics, around 1,531 criminal cases were pending before the SHC’s principal seat in Karachi, alone by the end of 2011. This number increased to 6,476 by the end of August this year.
This figure includes bail applications, criminal miscellaneous applications, review applications, appeals against imprisonment of up to seven years as well as the references sent by the special anti-terrorism courts and the sessions courts seeking confirmation of sentences awarded by them. The figures also show that 1,250 criminal appeals and 2,699 criminal bail applications are pending before the principal seat.
Terrorism cases
“There are 61 references sent by the special anti-terrorism courts seeking confirmation from the high court of sentences awarded to the accused in cases of terrorism, sectarian and ethnic killings,” an official told The Express Tribune, requesting anonymity. “Similarly, 320 appeals filed by the convicts against the sentences awarded to them by the ATCs are also pending disposal.”
These cases include appeals filed by defendants affiliated with banned militant, sectarian or ethnic outfits, who have challenged the sentences awarded to them several years ago. More than 241 appeals against punishments, including death sentences and imprisonment exceeding the period of seven years, are currently pending disposal.
The statistics also revealed that 461 criminal acquittal appeals and 449 criminal revision appeals through which, either the state or the victims’ families, have questioned acquittal of the suspects are also awaiting decisions.
In 1975, the government had decided to crush terrorism and anti-state activities by enforcing stricter laws called the Suppression of Terrorist Activities, for which purpose special Suppression of Terrorist Activities (STA) courts were established.
However, as new challenges emerged, the government enforced stricter laws called the Anti-Terrorism Act, 1997, that provided, usually a minimum sentence of life imprisonment and maximum of capital punishment.
In reality, however, the dream still remains a farce. “The trials before the anti-terrorist courts are supposed to be initiated and concluded within seven working days under Section 19(7) of the ATA, 1997,” said Advocate Farooq Ahmed, dealing in criminal trials. In order to ensure swift trials at the appellate courts, a provision also binds the high court to deliver its verdicts on the convicts’ appeals within the same time frame, he added.
“Section 25(5) of the law provides that the high court would also conclude hearings within seven working days and announce its verdict to pave the way for quick decisions on the appeals by the Supreme Court and then the President,” he explained.
The figures showed that the 33 appeals, which were filed by the convicts against their sentences - ranging mostly from life imprisonment to death - by the STA court, which has been repealed by the ATA, 1997, too were awaiting verdicts.
Unnecessary adjournments
For their part, court officials blame lawyers for the delays in deciding the cases. “On each date of hearing, the lawyers, either from the prosecution or the defence appear and seek adjournment, citing various reasons,” remarked one of the clerks assisting a judge, who is assigned criminal cases. “Such excuses have added to the already burgeoning piles,” he said.
Advocate Farooq Ahmed agreed. “There is not a single element to be blamed. The judiciary is short on judges while the lawyers sometimes exploit legal relaxations that cause delays.”
Published in The Express Tribune, December 20th, 2014.
The government has decided to resume executions of convicts involved in crimes of a heinous nature. A number of appeals of convicts and references of the anti-terrorism courts for confirmation of death sentences are pending disposal at the Sindh High Court (SHC), The Express Tribune has learnt.
According to statistics, around 1,531 criminal cases were pending before the SHC’s principal seat in Karachi, alone by the end of 2011. This number increased to 6,476 by the end of August this year.
This figure includes bail applications, criminal miscellaneous applications, review applications, appeals against imprisonment of up to seven years as well as the references sent by the special anti-terrorism courts and the sessions courts seeking confirmation of sentences awarded by them. The figures also show that 1,250 criminal appeals and 2,699 criminal bail applications are pending before the principal seat.
Terrorism cases
“There are 61 references sent by the special anti-terrorism courts seeking confirmation from the high court of sentences awarded to the accused in cases of terrorism, sectarian and ethnic killings,” an official told The Express Tribune, requesting anonymity. “Similarly, 320 appeals filed by the convicts against the sentences awarded to them by the ATCs are also pending disposal.”
These cases include appeals filed by defendants affiliated with banned militant, sectarian or ethnic outfits, who have challenged the sentences awarded to them several years ago. More than 241 appeals against punishments, including death sentences and imprisonment exceeding the period of seven years, are currently pending disposal.
The statistics also revealed that 461 criminal acquittal appeals and 449 criminal revision appeals through which, either the state or the victims’ families, have questioned acquittal of the suspects are also awaiting decisions.
In 1975, the government had decided to crush terrorism and anti-state activities by enforcing stricter laws called the Suppression of Terrorist Activities, for which purpose special Suppression of Terrorist Activities (STA) courts were established.
However, as new challenges emerged, the government enforced stricter laws called the Anti-Terrorism Act, 1997, that provided, usually a minimum sentence of life imprisonment and maximum of capital punishment.
In reality, however, the dream still remains a farce. “The trials before the anti-terrorist courts are supposed to be initiated and concluded within seven working days under Section 19(7) of the ATA, 1997,” said Advocate Farooq Ahmed, dealing in criminal trials. In order to ensure swift trials at the appellate courts, a provision also binds the high court to deliver its verdicts on the convicts’ appeals within the same time frame, he added.
“Section 25(5) of the law provides that the high court would also conclude hearings within seven working days and announce its verdict to pave the way for quick decisions on the appeals by the Supreme Court and then the President,” he explained.
The figures showed that the 33 appeals, which were filed by the convicts against their sentences - ranging mostly from life imprisonment to death - by the STA court, which has been repealed by the ATA, 1997, too were awaiting verdicts.
Unnecessary adjournments
For their part, court officials blame lawyers for the delays in deciding the cases. “On each date of hearing, the lawyers, either from the prosecution or the defence appear and seek adjournment, citing various reasons,” remarked one of the clerks assisting a judge, who is assigned criminal cases. “Such excuses have added to the already burgeoning piles,” he said.
Advocate Farooq Ahmed agreed. “There is not a single element to be blamed. The judiciary is short on judges while the lawyers sometimes exploit legal relaxations that cause delays.”
Published in The Express Tribune, December 20th, 2014.