Protection of Pakistan Act, 2014: SHC nominates judge for special court

The federal government plans to establish 21 special courts to try cases under new law.


Naeem Sahoutara January 01, 2015
The question regarding where the new special court would be set-up remains unanswered, as the provincial government has yet to offer accommodation for the dozens of new courts in Karachi despite the appointments of judicial officers. PHOTO: EXPRESS

KARACHI: The Sindh High Court (SHC) has nominated a district and sessions judge to the federal government to be appointed as the presiding officer of the special court being established under the Protection of Pakistan Act (PPA), 2014, The Express Tribune learnt on Thursday.

According to sources in the judiciary, the federal ministry of law, justice and human resource had requested the chief justices of all provincial high courts to nominate judicial officers, who could be appointed as heads of the special courts.

Sources said that the federal government had also made a similar request to the chief justice of the SHC. “The name of district and sessions judge, Mushtaq Ahmed Leghari, has been proposed to the federal ministry for appointment to the proposed court,” said an official privy to the matter, speaking on the request of anonymity. The official added that Justice Mushtaq Ahmed Leghari has been serving as judge of the special anti-terrorism court in Kashmore since March 21, 2013.

The federal government had earlier passed the PPA, 2014, that allows establishment of separate special courts in major cities to try and punish suspects facing such charges. Subsequently, the federal government had notified the establishment of 21 special courts under the new law.

Trials

Currently, there are eight special anti-terrorism courts functioning in Karachi, in addition to 15 district and sessions courts, which were also designated powers under the Anti-Terrorism Act, 1997.

Law enforcement agencies claim to have arrested thousands of criminals during the operations across the city. Many of them have been detained by the Rangers troopers, who have formally obtained their remands for 90 days each under the PPA, 2014.

“Most probably, the suspects detained under the PPA, 2014, will be tried by the special court,” said a judicial officer.

Section 13(1) of the new law provides that special courts, while conducting trials of any offence under the PPA, 2014, can also conduct trials of the offences punishable under the Code of Criminal Procedure, 1898, at the same time if both cases are connected.

Accommodation

The question regarding where the new special court would be set-up remains unanswered, as the provincial government has yet to offer accommodation for the dozens of new courts in Karachi despite the appointments of judicial officers.

“Our job is to nominate the judge. It is the responsibility of the provincial government to provide accommodation along with staff and other facilities,” said the official.

Published in The Express Tribune, January 2nd, 2015.

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