A total of 490 rape cases are pending in district courts and Anti-Terrorism Courts (ATCs) in Sindh, indicates a compliance report submitted in Sindh High Court (SHC). SHC's bench sought the report from Member Inspection Team-II (MIT-II) and Registrar ATCs in Kainat Soomor and others versus Government of Sindh and others case in the previous hearing of the case.
According to order of SHC' bench, headed by Justice Muhammad Ali Mazhar, in the Districts Courts, total 474 cases are pending in which 1070 accused persons are involved and the total figure of juvenile accused is 31, whereas in 142 cases DNA test was carried out. In 191 cases the statement under Section 164 Cr. PC. was recorded and total 21 cases are being tried in camera. However, in seven cases only the arrangements were made so that the victims and vulnerable witnesses may not expose to the accused persons.
Report indicated that the pending of 16 cases in ATCs in Sindh, in which 43 persons are accused. In 10 cases DNA test was carried out and in 05 cases statement under Section 164 Cr. PC was recorded but only 05 cases are being tried in camera, whereas in one case only the screens or other arrangements were made so that victims and vulnerable witnesses may not face the accused persons.
The statement submitted by MIT-II with the breakup transpired that the statements under 164 Cr. PC are being recorded though not promptly, however, the ratio of cases in which screens or other arrangements were made so that victims and the vulnerable witnesses may not expose to the accused persons is very low and the ratio of in camera proceedings is also not in accordance with the directions given by the apex court wherein it was explicitly directed that trials for rape should be conducted in camera and after regular court hours.
SHC disposed the petition with the directions to all ATCs in Sindh to comply with the order immediately and so far as the issue of funds if any involved for implementation of judgment is concerned. SHC also directed Home Secretary Sindh to immediately take up the matter with the Presiding Officers of Anti-Terrorism Courts. He will write letters to all the Presiding Officers of ATCs in Sindh for collecting the information and requirements of funds if any and all the Presiding Officers of ATCs shall promptly reply the letter and communicate the required arrangements including the release of funds if any for the purpose of complying with the judgment of the apex court.
Similarly, for all District Courts MIT- II was directed to ensure that all District Courts in Sindh shall comply with the judgment of the apex court in letter and spirit and he will communicate letters to all the District Judges of the Province of Sindh for knowing the requirements and basic arrangements which will be replied by the District Judges promptly so that the issue of funds if any may be taken up. Court also directed I.G. Sindh Police and Prosecutor General Sindh to ensure the compliance of DNA test facility/ arrangement as directed by the apex court.
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