Thursday, October 6, 2011

Pakistan News:

Political parties patronising criminal gangs, says Pak SC
Shoaib A Raja, The News, Pakistan.Friday, October 07, 2011
======================================================
ISLAMABAD: In what appeared to be a warning to political parties nurturing undeclared militant cadres in Karachi, the Supreme Court on Thursday said criminal gangs in the city were receiving support from political parties. It also ordered the federal government to report to the Supreme Court if it found any political party operating in a manner prejudicial to the sovereignty or integrity of Pakistan.


A five-member bench of the apex court, headed by Chief Justice Pakistan Iftikhar Muhammad Chaudhry and comprising Justice Anwar Zaheer Jamali, Justice Sarmad Jalal Osmani, Justice Amir Hani Muslim and Justice Ghulam Rabbani, was announcing the unanimous decision in the suo moto case of target killings in Karachi.

In its exhaustive 157-page long judgment, the court said that criminal gangs in Karachi were receiving political and financial support from political parties, and directed that the

port city be de-weaponised. It ordered that a committee headed by the Sindh High Court (SHC) chief justice and comprising the Sindh chief secretary and law enforcement agencies’ heads be constituted to supervise and ensure strict action against all those involved in creating panic in Karachi.

The Supreme Court observed that banning any political party — including the MQM against which all interveners had voiced complaints — was not within the domain of the court at this stage. It said under Article 17(2) of the Constitution, every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by the law in the interest of the sovereignty or integrity of Pakistan. It said the law provides that where the federal government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the federal government shall, within 15 days of such a declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

“The court will remain, in appropriate proceedings, the ultimate arbiter of this question but will not allow any government to avoid its duty under the law and the Constitution,” the unanimous decision held.

The SC opined that as per the material brought before the court, there are criminals who have succeeded in making their ways into political parties whether they are components or non-components of government, and are getting political and financial support allegedly from such parties. Therefore, the political parties should denounce their affiliation with them in the interest of the country and the democratic set-up, and should not allow them to use their names as militant outfits of the political parties. “Failure to do so may entail consequences of a penal nature against the party or person responsible, whether in office or not,” the bench observed.

The chief justice also read out names of political parties, which had been accused of harbouring and aiding criminals and included MQM, PPP and ANP. He said that he had also received complaints against Jamaat-e-Islami and Sunni Tehrik.

The SC also directed the Rangers and other law enforcing agencies to take strong and decisive action to eliminate ‘no-go areas’ in Karachi and directed the provincial government to constitute an independent and impartial investigation agency which should be de-politicised and conduct investigations of such cases fairly and send them to the anti-terrorist courts (ATCs), which would be constituted in a highly transparent manner.

The court further observed that the police and other law enforcing agencies be de-politicised and that the Sindh government constitute a commission to assess the losses of the people who must subsequently be compensated.

The Supreme Court said calling in the Army was not in the domain of the court and held that it was the duty of the provincial government to take a decision in this regard.

The five-member bench further observed that that violence in Karachi during the current year and in the past was not solely ethnic in nature but was also a turf war between different groups having economic and socio-politico interests to strengthen their position, aggrandisement based on the phenomenon of tit for tat with political, moral and financial support or endorsement of political parties, claiming representation on behalf of the public of Karachi, including components and non-components of the provincial government or executive.

The bench declared that recent violence in Karachi represented unimaginable brutalities, bloodshed, kidnapping and throwing away of dead bodies and torsos in bags. It said the fundamental rights of the citizens enshrined in Articles 9,14,15,18 and 24 of the Constitution had not been protected or enforced by the provincial government as illustrated by the toll of 306 lives in one month; detection of torture cells videos; receiving Bhatta (extortion money) to strengthen the ranks of one group against the other; grabbing land; the drug mafia, destroying moveable and immovable properties of the citizens. This failure had made the lives and properties of the citizens insecure, inasmuch as the federal government had also not protected the province of Sindh against internal disturbance. Thus the Sindh government, on this account, too, failed to carry out its functions in accordance with the provisions of the Constitution, especially Article 148(3).

The bench further observe that both the provincial and federal governments/executives had to find solutions to the present scenario as per provisions of the Constitution and observed that the police force, being the principal law enforcing agency, had to be de-politicised and strengthened so that they could, with full commitment, dedication, zeal and zest, perform their duty. The bench said unless there was a de-politicised police, the situation of law and order was likely to become more aggravated as soon as the assistance of Rangers was withdrawn.

“We apprehend that any further failure to protect the lives and property of the citizens is likely to cause unprecedented disaster therefore, all efforts should be made to avoid the same in the interest of the nation and country, which is supreme as per the mandate of the Constitution and the law,” the court held.

The court further said that to avoid political polarisation and to break the cycle of ethnic strife and turf war, boundaries of administrative units like police stations, revenue estates, etc, ought to be altered so that the members of different communities may live together in peace and harmony, instead of allowing various groups to claim that particular areas belong to them and declaring certain areas as no go areas under their fearful influence. Subsequent thereto, on similar considerations, in view of relevant laws, delimitation of different constituencies has also to be undertaken with the same object and purpose, particularly to make Karachi, which is the hub of economic and commercial activities and also the face of Pakistan, a peaceful city in the near future. The Election Commission of Pakistan may also initiate the process on its own in this behalf.

The judgment further observed that equal chances be provided to different communities of Karachi to participate in economic and commercial activities instead of confining the same to different political groups on the basis of parochial, racial, tribal, sectarian, partisan and provincial prejudices.

The court held that Karachi is full of arms and ammunitions of prohibited and non-prohibited bores, including licensed and illicit weapons and therefore, Karachi has to be cleansed of all kinds of weapons by adhering to laws available on the subject, and if need be, by promulgating new legislation.

All licensed arms genuinely required for security concerns and personal safety may be retained but these must also be registered with Nadra. All other licences, where such need cannot be shown, or where multiple licences have been issued to the same individual (as distinct from security firms) if not justified, or which are used for unnecessary display at ceremonies or elsewhere for aerial firing, should be cancelled after summary and expeditious proceedings in accordance with law.

The Supreme Court further observed that there was need for a fresh comprehensive law to eliminate and punish land grabbers and encroachers. “This is one of Karachi’s greatest problems. The court has already dealt with some cases suo moto and otherwise, and will continue to do so whenever necessary or appropriate. Sometimes this court is the last hope of the citizens or a community, which turns to it for redress when all other avenues are denied to them. But overall it is the duty of both governments to formulate such law and initiate it in the appropriate assembly; and thereafter to implement it fully without showing any favour or immunity to any person whether a political favourite, ally or for any other personal or party consideration,” the court observed.

The court reiterated that monitoring of criminal cases should take place in view of observations made in the case of Sheikh Liaqat Hussain (supra) and appointments of the presiding officers of the anti-terrorism courts should also not be delayed for any reason. “We observe that since innocent citizens have lost their lives, number of which comes to 1,310 during the current year. Similarly, a good number of citizens have been injured and/or lost their valuable property, both movable and immovable, therefore, provincial government/executive shall constitute a commission to assess their losses and on its recommendation, compensation must be paid to the sufferers without partisan consideration, as early as possible,” the judgment held.

The SC further directed that there must be no “no-go areas” anywhere in Karachi. If any is found or credibly reported to the court, the police and, if required by the provincial government, the Rangers shall take strong and decisive action to eliminate it. Moreover, if such an area is proved to exist to the satisfaction of the court, we may require the IGP himself, and if necessary the DG Rangers also, to personally lead the operation into such areas. The police and Rangers are, therefore, expected to conduct ongoing operation across the board without showing any favour to any one and without being influenced from any quarter, be it political or otherwise. In case they are asked to obey any illegal orders, or to show leniency to any criminal, it will be their duty to bring it to the notice of the court and appropriate orders will be passed accordingly.

The court further directed that an independent and de-politicised investigation agency be deputed to conduct investigation of cases. Similarly, the prosecution agency comprising competent prosecutors and the provincial government/executive must provide protection to the witnesses so that they may depose against the perpetrators of crimes without any fear, enabling the courts to decide cases against them in accordance with law. The prosecutors, particularly for the ATCs, should be appointed in a highly transparent manner according to the Constitution and the law. Appointments of prosecutors are required to be undertaken without any political whims and considerations.

The court directed that the Nadra DG and the IGP will set up a special joint cell with specialised officials and experts along with sufficient manpower to establish several teams to visit on the spot and identify illegal foreigners so that they may be dealt with strictly in accordance with law after a proper hearing and opportunity to present proof of their citizenship. They should attempt to conclude this exercise preferably in one year.

The Sindh IGP was directed to collect the record and facts about the disappearance or elimination of all police and other officials who took part in the Karachi operations of 1992 and 1996 or were witnesses in ethnic or related crimes and present a report to the court within the next one month also showing whether their families were compensated or not.

The court directed that the provincial government shall place on record of the court copies of all judicial inquiries instituted in the matter of law and order in Karachi since 1985. These shall be retained for perusal and for any necessary action or appraisal of the situation at any time in the future.

It further observed that the provincial government/executive shall ensure smooth running of economic and commercial activities and shall take necessary steps that protection is provided against uncalled for and illegal shutter down and strikes to businessmen. “During arguments, it was also brought to our notice that due to illegal strikes and shutter down calls, the normal life of citizens of Karachi is paralysed, and allegedly it causes loss of billions of rupees in a day. Therefore, it is observed that the government and the political parties shall evolve a respectable way out to avoid such a situation in future,” the court said, adding that a committee be constituted by the provincial government/executive, headed by the SHC chief justice, who shall be assisted by the chief secretary, the heads of the security agencies i.e. paramilitary organisations and IG police, to supervise and ensure that law enforcement agencies take action indiscriminately, across the board against the perpetrators involved in causing disturbances in Karachi. The chief justice shall convene the meeting at least once in a month to review the implementation of this judgment and copy of the proceedings shall be transmitted to the SC registrar’s perusal and appropriate orders will be passed at a later stage, if need be. In view of the above declarations/observations, instant suo moto proceedings as well as constitution petition No 61 of 2011 under Article 184(3) stand disposed of.

To an application wherein documents were filed to establish allegations against the sovereignty of Pakistan attributing to MQM chief Altaf Hussain, along with two CDs, and another application filed for summoning Sindh former Home Minister Dr Zulfiqar Mirza, who had deposed on the holy Quran against the MQM, the court pointed out that the instant proceedings were not adversarial but inquisitorial, which had been initiated in the public interest. The court asked the first applicant that the issue being raised by him is of an important nature and if he too considered it so, he can adopt the proper course for redress of his grievance in accordance with law. The court also pointed out that by the time it is established that Dr Zulfiqar Mirza’s statement in the newspapers has not been contradicted by anyone, the same will be presumed to have been accepted as it is held in the case of Dr Mubashir Hussan Vs Federation of Pakistan (PLD 2010 SC 265).

At the end of the judgment, Chief Justice Iftikhar Chaudhry quoted a saying of James Bryce that “Our country is not the only thing to which we owe our allegiance. It is also owed to justice and to humanity. Patriotism consists not in waving the flag, but in striving that our country shall be righteous as well as strong.”

The SC had taken the suo moto notice of Karachi violence on August 24 and had conducted hearings of the case at its Karachi registry. The SC had reserved its judgment on September 15.
=================================================

No comments:

Post a Comment