Supreme Court of Pakistan on Wednesday directed Inspector General of Sindh Police and Director General of Pakistan Rangers, Sindh, to provide protection to complainants who had lodged FIRs regarding missing persons or targeted killings in Karachi.
A five-judge special bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Anwar Zaheer Jamali, Justice Sarmad Jalal Osmani, Justice Ghulam Rabbani and Justice Amir Hani Muslim has been hearing a suo motu case on targeted killings in Karachi. DG Pakistan Rangers Sindh Major-General Muhammad Ejaz Chaudhry briefed the court about steps taken by paramilitary force to maintain law and order situation in Karachi. He submitted he had taken part in Pakistan Army-led Rah-e-Nijat operation against terrorists in Waziristan, but the law and order situation in Karachi was even worse than militancy-hit tribal region.
In Karachi, he claimed, political and religious parties had their own armed groups who were involved in criminal activities and possessing illicit weapons. But, they operate from their respective parties' offices where they take refuge after committing crimes. Police and Rangers have been denied access to political parties' offices, according to him. He submitted that earlier Rangers used to provide back-up to police force in their operations against criminals, but paramilitary force's powers were curtailed. DG Rangers Ejaz also said that only recently the Sindh government had delegated powers to them and suggested that more power would be given to them to completely restore law, order situation in city.
Chief Justice Iftikhar Muhammad Chaudhry observed: "DG Rangers is sitting here. When, police and Rangers can deliver, then why they look at others. 306 citizens were killed in the city. This is a failure on part of the government and law enforcement agencies. Why special powers were delegated to Rangers only after huge human loss." The CJP directed the DG Rangers to file a report in this behalf and if any privileged document was filed, he may submit same in a sealed cover for court's perusal.
Advocate Ghulam Qadir Jatoi, representing Jamaat-e-Islami, submitted that bloodshed was being carried out in Karachi under state's patronage to make adjustment on seats of Senate's upcoming election. He requested the court to summon former Sindh Senior Minister Dr Zulfiqar Mirza because of his recent disclosures about Karachi situation.
The CJP turned down the plea, observing if Dr Zulfiqar Mirza wanted to become a party to the case then he should file his personal affidavit in the court. Senior Advocate Syed Iqbal Haider, who represented Human Rights Commission of Pakistan, referred to judicial commission formed by the late Ms Benazir Bhutto's government in past to probe similar acts of violence in Karachi.
But, BB's government was toppled before by the commission could have initiated any inquiry. He said if President does not fulfil his duties to protect life, property of masses, provincial government does not call army under Article 147 and when federal government does not agree to send army to any party under Article 245, then Supreme Court itself could order such action under provisions of Article 119 of Constitution.
Former Provincial Minister Irfanullah Khan Marwat, who represented Punjabi-Pukhtoon Ittehad, submitted that the term of 'targeted killing' was introduced in the tenure of present government. He pointed out while apex court was conducting hearing in city, the bodies of abducted people stuffed in gunny bags were still being recovered. He referred to the recent killings of a practising lawyer and another man from limits of Sachal and Pakistan Bazar police stations. On a question raised by the CJP, DIG East Akram Naveed Bharoka submitted that two mutilated bodies were recovered on which cases were lodged under the Anti-Terrorism Court 1997. Chief Justice Iftikhar Chaudhry remarked: "People have moved this court because their relatives are still being kidnapped. How will you stop this?
Police should admit their failure because merely registering cases under Anti-Terrorism Act does not show their performance, but you will have to arrest the culprits. Instead of making political speech, talk within parameters of law." Chairman of Sindhi-nationalist Awami Tehrik party, Rasool Bux Palijo, submitted present government was a dummy government, which was busy only in imposing taxes on masses, but the actual ruler was America.
He argued everyone knew who was involved in such acts, but none was ready to speak out, even some judges were afraid. Advocate Khawaja Naveed Ahmed, representing UK-based organisation Friends of Lyari patronised by Lord Nazir, said the government had failed in protecting the rights of masses. On his submission, the CJP remarked mafias exit all over the world and directed him to assist the court on laws to deal with such mafia. It was prayed to provide security and protection to complainants who had lodged FIRs in respect of missing person or those fell victim to targeted killings, whose details were given in documents.
The SC bench ordered: "Let these applications be forwarded to IGP, Sindh and the DG, Rangers for disposal in accordance with law. They are directed to provide protection to them, if so needed." The Bench also directed Attorney General of Pakistan to ensure record of intelligence agencies report on investigation into Karachi targeted killings were submitted by Thursday morning and adjourned the hearing till September 08, 2011. Advocates Faisal Kamal Alam and Javed Ahmed Chattari also advanced arguments.
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