Slow pace: No case heard at POPA court in eight months
Counsel for suspects say their clients are being denied the right to access justice
Counsel for suspects say their clients are being denied the right to access justice PHOTO: FILE
LAHORE:
A court set up in January 2015 specifically to hear cases registered under the Protection of Pakistan Act is yet to start functioning, The Express Tribune has learnt.
Some of the counsel for suspects the Tribune talked to said that petitions seeking release on bail were lying unheard.
They said their clients had been wrongly charged with treason, hate speech, conspiracy against the state, and possession or distributing of material of banned organisations. They said the delay was denying them the right to access justice guaranteed under the Constitution.
Advocate Ghulam Mujtaba Chaudhary said there had been no progress in the trial of his client because of the delay in start of work at the POPA court. He said when he approached the LHC on delay in start of the hearing at an anti-terrorism court, the matter was referred to the POPA court. There, he said he was told that the court had yet to become operational. With the POPA court yet to start hearing cases, Advocate Chaudhary Umar Hayat said he had decided to proceed to the Lahore High Court. He said he had filed 15 writ petitions in eight months seeking release on bail of suspects held at the Kot Lakhpat jail under the Act.
During hearing of one of these petitions, Hayat said the LHC had summoned the special judge, Moqurab Khan, to seek an explanation for the delay in start of work. He said in his reply submitted in the court, Khan had stated that he had not been provided with security personnel, court staff, a residence and an official vehicle. “The judge said he needed these facilities to start hearing the cases,” Hayat said. He said the LHC had then directed the federal government to provide the required facilities to the judge by the end of August. He said the next hearing of the case was scheduled for September 17 (tomorrow).
Speaking to The Tribune, Justice (r) Muhammad Raza Khan, Ministry of Law, Justice and Human Rights special secretary, dismissed the suggestion that the court was not operational because of lack of staff or poor security.
He said in its reply to the LHC’s notice, the ministry had clarified that seven staff members were provided to the court temporarily in December 2014 to let it start hearing cases. He said the court also had the option of recruiting its own staff if it was not satisfied with the performance of the officials. He said funds had already been released for the purpose.
The special secretary said a residence and an official vehicle had also been provided to the special judge.
He said the court was located in a compound with adequate security arrangements. He said several other courts were working in the same building.
Speaking on the condition of anonymity, a staff member said he and some others had been temporarily sent from another court to work there. He said the POPA judge had sent a request to the Security SP a couple of weeks ago seeking provision of police officials for security at the court. He said the judge had yet to hear back from the Security SP.
Security SP Capt (r) Muhammad Liaquat said he had received no request from the court. Security DSP Pervez Butt also denied receiving any letter seeking security for the court. He said they could increase the number of officials assigned for secuirty duty at the court if a request was received for the purpose.
When contacted, Judge Khan refused to comment on the matter.
Published in The Express Tribune, September 16th, 2015.
A court set up in January 2015 specifically to hear cases registered under the Protection of Pakistan Act is yet to start functioning, The Express Tribune has learnt.
Some of the counsel for suspects the Tribune talked to said that petitions seeking release on bail were lying unheard.
They said their clients had been wrongly charged with treason, hate speech, conspiracy against the state, and possession or distributing of material of banned organisations. They said the delay was denying them the right to access justice guaranteed under the Constitution.
Advocate Ghulam Mujtaba Chaudhary said there had been no progress in the trial of his client because of the delay in start of work at the POPA court. He said when he approached the LHC on delay in start of the hearing at an anti-terrorism court, the matter was referred to the POPA court. There, he said he was told that the court had yet to become operational. With the POPA court yet to start hearing cases, Advocate Chaudhary Umar Hayat said he had decided to proceed to the Lahore High Court. He said he had filed 15 writ petitions in eight months seeking release on bail of suspects held at the Kot Lakhpat jail under the Act.
During hearing of one of these petitions, Hayat said the LHC had summoned the special judge, Moqurab Khan, to seek an explanation for the delay in start of work. He said in his reply submitted in the court, Khan had stated that he had not been provided with security personnel, court staff, a residence and an official vehicle. “The judge said he needed these facilities to start hearing the cases,” Hayat said. He said the LHC had then directed the federal government to provide the required facilities to the judge by the end of August. He said the next hearing of the case was scheduled for September 17 (tomorrow).
Speaking to The Tribune, Justice (r) Muhammad Raza Khan, Ministry of Law, Justice and Human Rights special secretary, dismissed the suggestion that the court was not operational because of lack of staff or poor security.
He said in its reply to the LHC’s notice, the ministry had clarified that seven staff members were provided to the court temporarily in December 2014 to let it start hearing cases. He said the court also had the option of recruiting its own staff if it was not satisfied with the performance of the officials. He said funds had already been released for the purpose.
The special secretary said a residence and an official vehicle had also been provided to the special judge.
He said the court was located in a compound with adequate security arrangements. He said several other courts were working in the same building.
Speaking on the condition of anonymity, a staff member said he and some others had been temporarily sent from another court to work there. He said the POPA judge had sent a request to the Security SP a couple of weeks ago seeking provision of police officials for security at the court. He said the judge had yet to hear back from the Security SP.
Security SP Capt (r) Muhammad Liaquat said he had received no request from the court. Security DSP Pervez Butt also denied receiving any letter seeking security for the court. He said they could increase the number of officials assigned for secuirty duty at the court if a request was received for the purpose.
When contacted, Judge Khan refused to comment on the matter.
Published in The Express Tribune, September 16th, 2015.