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Published 06 Sep, 2011 10:05pm

Two days given for appointment: Court scolds Sindh on vacant ATCs

KARACHI, Sept 6: The Supreme Court ordered the Sindh government on Tuesday to appoint judges in the anti-terrorism courts within two days so that cases of extortion and other heinous crimes in Karachi could be tried under the anti-terrorism act.

A five-judge special bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Anwar Zaheer Jamali, Justice Sarmad Jalal Usmani, Justice Ghulam Rabbani and Justice Amir Hani Muslim, which is hearing a suo motu case on target killings in Karachi, issued the directives when Sindh Bar Council vice-president Iftikhar Javed Qazi and Karachi Bar Association president Mohammed Aqil pointed out that no cases were being taken up because six ATCs were without judges.

“You must appoint ATC judges within two days,” the court ordered Sindh Advocate General Fateh Malik after he sought more time.

SHC Registrar Abdul Rasool Memon, who appeared on the court’s directive, said no progress had been made despite the SHC chief justice’s recommendations.

A member of the bench said all efforts were being made to obstruct the appointment of ATC judges. Another bench member wondered why were honest judges, recommended by the Chief Justice of Sindh High Court, not being appointed.

The court said in its order that the delay was puzzling. “We, therefore, direct the competent authority regarding the appointment and submission of the notification of the said department within two days,” it said.

Supreme Court Bar Association President Asma Jahangir said the joint investigation team’s (JIT) reports, placed on the court’s record, showed that the Muttahida Qaumi Movement had “machinery for carrying out acts of violence”.

She said extortion was chronic in the city, but it became more sophisticated after the formation of the MQM.

Reading out excerpts from the JIT reports, she said all political and religious parties were involved in forceful collection of fitra, zakat and donations over the past 10 years, but no action had been taken against them. “Fundamental rights are for the people, and not for political parties.”

Ms Jahangir said the JIT reports contained information about support of certain political parties for criminal groups in Lyari.She quoted from a portion of the reports which said Zafar Baloch of the People’s Aman Committee had the support of the PPP while Arshad Pappu and Waseem Baloch had the support of the Muttahida and Katchi Rabita Committee.

The chief justice asked Ms Jahangir to work out suggestions and send them to the government for effective legislation to stop activities of banned outfits and extortionists.

Justice Iftikhar Chaudhry said the JIT report on Ajmal Pahari raised questions about national sovereignty and asked the Sindh advocate general and the police chief if they had read the report. He asked the Sindh IG what steps had been taken by him after the report because it contained information about the affiliation of suspected target killer Ajmal Pahari.

At the outset of the hearing, the Sindh advocate general said the DVD about a torture cell could be obtained, but other videos showing inhuman torture and an arson attack on a minibus were not available. He said the video might be played inside the chamber, instead of an open courtroom, because it contained some sensitive material.

Sindh IG Wajid Durrani submitted the FIR regarding the death of seven people in the minibus that was set ablaze in the limits of Jackson police station and said two attackers had been arrested on the spot.

The chief justice observed: “What the law-enforcement agencies are doing? JIT reports clearly point out anti-state activities.The accused arrested have obtained training in India and are involved in collecting extortion and target killings. Do you want to save the government or to save Pakistan.”

The IG replied in the negative when asked if an arrested target killer, Kamran Madhuri, was nominated in the FIR.

The court asked Attorney General Maulvi Anwarul Haq to submit reports of intelligence agencies, including the investigation into target killings in Karachi, on Wednesday.

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