KARACHI, Sept 14: Senator Babar Awan submitted in the Supreme Court on Wednesday that the federal government did not lack the will to bring the security situation under control in Karachi because it was constitutionally-bound to protect the provinces from external and internal threats.

Chief Justice Iftikhar Mohammed Chaudhry, who heads a five-judge special bench hearing a suo motu case on killings in Karachi, said the security situation in the city would improve after the court’s verdict.

Other judges on the bench are: Justices Anwar Zahir Jamali, Sarmad Jalal Osmany, Ghulam Rabbani and Amir Hani Muslim. Senator Awan, who is representing the federal government, said the provinces had been given more powers under the 18th Amendment, but the centre had not been absolved of its responsibilities.

He said it was wrong to presume that the executive authority had failed. “If an institution is not giving either desired results or optimum benefit of its functioning there will surely be a need for improvement, but it cannot be termed failure.”

Referring to the preamble of the Constitution, he said principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, would be fully observed. The state should exercise its power and authority through the chosen representatives of the masses.

Justice Osmany said the government should act like a state, and not like a political party.

Mr Awan said law-enforcement agencies had carried out the best possible action in the past against criminals under the supervision of then interior minister Gen Nasirullah Babar of the PPP. “But our government was dismissed for conducting a successful operation.”

When the chief justice asked him to explain the point, the counsel said: “There was a will and there has always been a will to take action.”

Mr Awan said the federal government had taken 13 major steps at the request of the Sindh government since Jan this year.

The steps, he added, included placement of civil armed forces -- Rangers and Frontier Constabulary -- at the disposal of the provincial government, monetary support of Rs2.5 billion in the current financial year for training and capacity building of Sindh police, sharing of real time intelligence with the province, maintaining criminals’ data in Nadra and its sharing with the province, blocking over 20 million illegal cellphones in the country and setting up a monitoring cell of Customs and FIA to curb arms trafficking.

Mr Awan said a complaint cell had been set up at the Karachi Chambers of Commerce and Industry under the supervision of federal interior and Sindh home ministers to deal with cases of extortion.

He said the president, prime minister, chiefs of army and intelligence agencies had visited Karachi in connection with the security situation.

The chief justice asked the counsel what was the outcome of these steps. “Despite of your steps, body bags are being found. We can’t say all is well.”

Mr Awan said: “All is not bad either.”

The chief justice advised the counsel to bring “practical thoughts”.

Mr Awan said efforts were being made globally and regionally to make Pakistan a failed state, adding that the country was a nuclear power and failure was not an option. He said the Constitution laid emphasis on a well-defined trichotomy of powers.

Earlier, Sindh Bar Counsel President Anver Mansoor Khan concluded his submissions. He said that basic and civic problems of people would be solved if the law and order situation in Karachi was brought under control.

Senator Awan would resume his arguments on Thursday.