A special huddle of the top judges of the country has directed the anti-terrorism courts (ATCs) to conduct daily hearings as per the Anti-Terrorism Act (ATA) 1997 so as to ensure speedy disposal of terrorism-related cases.
Chief Justice of Pakistan Nasirul Mulk chaired the meeting of the chief justices of all high courts and in-charge monitoring judges of high courts at the Supreme Court on Wednesday. The extraordinary session was convened to discuss strategies regarding terrorism-related cases pending with different courts in the country in the aftermath of last week’s massacre at the Peshawar school.
According to Sub-section 7 of Section 19 of the ATA 1997, “the anti-terrorism court shall on taking cognizance of the case, proceed with the trial from day to day and shall decide the case with in seven working days.”
On perusal of reports received from the high court/ATCs, the special meeting observed that only 10-15% of cases pertained to bomb blasts/attacks by proscribed organisations/elements in these courts while the rest of the cases tried in these courts technically fall within the definition of terrorism.
After discussing the entire spectrum of the issues from different angles, the meeting made the following eight decisions:
1. Trial of militancy-related terrorism cases shall be given priority and heard on a daily basis as provided under the ATA 1997
2. The ATC judges must bind down witnesses, investigation/prosecution agencies and defence counsel for a particular date so that the cases are tried on a daily basis.
3. In Balochistan and Malakand Division, where FC/Levies personnel/revenue officials are entrusted with the registration of FIRs and investigation of cases, the superior judiciary asked concerned government functionaries to ensure that police officers, who are trained in the processes of registration/investigation of cases are immediately inducted by requisitioning the services of the suitable personnel from the police departments.
4. Monitoring judges of high courts shall hold meeting once a month, which will be attended by all the stakeholders, presiding officers of ATCs, representatives of the investigation/prosecution agencies, jail authorities, home departments, etc, so as to sort out bottlenecks at that level.
5. The provincial governments shall take steps to reallocate premises of ATCs in consultation with the chief justices of their respective high courts to facilitate their smooth functioning.
6. The offices of high courts and Supreme Court shall bifurcate appeals into militancy-related cases and others so that cases in the first category are heard on a priority basis. The chief justices shall ensure that the exercise of bifurcation of the cases is done at the earliest in their respective courts.
7. The Law & Justice Commission of Pakistan Secretariat will be tasked to review the anti-terrorism law and formulate recommendations, and thereafter steps shall be taken to forward the same to the concerned quarters for further action.
8. Reports on the above measures will be forwarded to the monitoring judges of the SC as well as the chief justice of Pakistan so that follow-up meetings are held on a regular basis.
Earlier while speaking at the meeting, CJP Nasirul Mulk said the Peshawar school massacre has been, and will be, condemned by everybody. “Everyone is hurt, the entire nation is hurt. Indeed, it is a national tragedy.
Published in The Express Tribune, December 25th, 2014.
COMMENTS (2)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
1725612926-0/Tribune-Pic-(8)1725612926-0-165x106.webp "article")
All these huddles are way too late and a futile attempt to save a failing institution. If the justice system had delivered there would have been no need to setup army courts. Where concentration is on plots, perks, privileges and higher salaries, the actual job suffers and a gap emerges which has been eventually filled by army courts. Most of these postings have strong political affiliations and there is a different set of laws for common man and the rich and the powerful. When someone's job is given to someone else then one needs to ponder over its performance. More than 25,000 terrorists were let go in just last four years by our judicial system. There is absolutely no doubt that army courts will not spare a single terrorist. Another huddle is eminent in not so distant future as the way things are going normal cases may eventually be transferred to army courts as well.
So far so good. Sitting far away from Peshawar whose heart also bleeds like all in Pakistan I feel this is not just an ordinary case to be tried under the " the anti-terrorism courts (ATCs) as per the Anti-Terrorism Act (ATA) 1997 so as to ensure speedy disposal of terrorism-related cases."
This is an issue which should be seen as a "Crime Against Humanity" Crime against all the Pakistanis, young and old, male female and in fact against the very existence of Pakistan meticulously planned since the 1980s.
Therefore unless it is seen as Crime Against Humanity and tried under Special Tribunal for Trying this Crimes against Humanity mere Anti Terrorism Act can not go very far. It can only try them as a short term deterrent. But this is not just an ordinary crime or act of Terrorism alone to try as a short term measures. It has to be seen as a continuous fight with firm united political resolve of all progressive democratic forces of Pakistan as Crime Against Humanity. It should not only try the perpetrators and the killers it should also bring the God fathers of those who have waged the war against the very existence of Pakistan to Justice.
Unless the Pakistani Government and politicians of all shades except the Hydra-headed Jamaat i Islami and its myriads of offshoots see the Peshawar Genocide as a Politically motivated Crime Against Humanity Pakistan will fail in its duty to the martyred school Children and their parents and the people of Pakistan as whole.
Hope Pakistani friends will stand up firmly against the God fathers as well.