KARACHI: Granting application for urgent hearing of the constitutional petition that sought a judicial inquiry into the May 12, 2007 carnage in Karachi, the Sindh High Court on Thursday issued notice to the respondents, including Muttahida Qaumi Movement founder Altaf Hussain, city mayor Waseem Akhtar and others.

Headed by Chief Justice Sajjad Ali Shah, a division bench put off the hearing of the petition, which was filed by civil rights campaigner Syed Iqbal Kazmi who had become an intervener in the suo motu proceedings, till Nov 22.

The SHC had in October 2011 restored to its original position Mr Kazmi’s constitutional petition on his application recalling its earlier order of dismissal of the petition.

More than 50 people were killed and over 100 vehicles torched on the arrival of Chief Justice of Pakistan Iftikhar Mohammad Chaudhry at Karachi where he was invited to address a lawyers’ function in May 2007.

The CJP, who at that time had been made dysfunctional by military dictator General Pervez Musharraf, was stranded and later returned from Karachi airport due to the fierce gun battles that broke out on the roads leading to the airport.

The petitioner impleaded the former interior secretary, Muttahida Qaumi Movement chief Altaf Hussain, Waseem Akhtar, who was then home adviser to the chief minister, former home secretary retired Brig Ghulam Mohammad Mohtram, the former Rangers director general, the former provincial and city police chiefs and the former SHO of the city courts police station as respondents.

In his application for restoration of the petition, Mr Kazmi submitted that his petition was dismissed as withdrawn at a time when he was behind bars. He said he had signed the withdrawal application under duress and pressure during detention.

The petitioner said it would be appropriate that a seven-member bench of the SHC, including at least three of the judges who had conducted previous proceedings, be constituted to re-hear the matter.

He said that the petition was earlier heard by a larger seven-member bench and asked the court to reconstitute a full bench for the petition. The seven-member bench was hearing the case when Gen Musharraf sacked the judges on Nov 3, 2007, he added.

The petitioner said the SHC reconstituted a five-member bench after dissolution of the seven-member bench since many judges were not invited to take the oath under the Provisional Constitution Order (PCO) by Gen Musharraf.

Mr Kazmi said the bench comprising PCO-judges later dismissed the suo motu petition observing that it was not maintainable.

He contended that unruly mobs took over the area and manhandled lawyers, as the then home secretary and provincial police chief violated court orders of providing security to the Chief Justice of Pakistan during his visit to Karachi. He said the government had failed to protect life, liberty, freedom of movement, and other fundamental rights of citizens, and asked the court to initiate contempt proceedings against then Sindh home adviser Waseem Akhtar for delivering derogatory remarks against the chief justice in the media.

Meanwhile, an anti-terrorism court on Thursday reissued warrants for the arrest of two Muttahida Qaumi Movement lawmakers and others in four cases pertaining to the May 12 mayhem.

Mayor Waseem Akhtar with two MPAs and other suspects was booked in the cases related to rioting, arson attacks and attempted murder lodged in Malir district during the May 12, 2007 mayhem.

The ATC-II judge yet again issued non-bailable warrants for the arrest of absconding accused, including MQM MPAs Mohammed Adnan, alias Adnan Batuk, and Kamran Farooqui till Nov 26.

Mr Akhtar, who was released from prison on Wednesday after getting bail in all cases, also turned up to attend the hearing.

Published in Dawn, November 18th, 2016