An special division bench of Lahore High Court (LHC) on Sunday issued notices to Prosecutor General, Pakistan Bar Council (PBC) and Punjab Bar Council (PbBC) on a petition against inadequate security arrangements in the courts. The bench observed that the case was concerned with the dismal state of security in court premises and enlists at least six incidents occurred in Lahore in the recent past resulting in the killing of more than 10 persons either in custody or other appearing in the Court.
Moreover, three attacks on advocates of Lahore during the same period had resulted in the killing of two advocates and the miraculous survival of another in a third incident.
The special division bench was hearing a petition against abysmal security filed by Advocate Kashif Pasha. The bench headed by Chief Justice Umar Ata Bandial and comprised Justice Sheikh Najam-ul-Hassan.
The bench remarked that the courts were a sanctuary for the oppressed to find justice against wrong doers. If the court premises that enjoy sanctity on account of the justice that they provide are violated by incidents of serious crimes, such courts shall cease to be a refuge for the oppressed. No society can survive without justice and justice cannot be accessed without courts that are independent, safe and secure. The incidents that have taken place in the recent past throughout the province can affect the credibility of the court system.
The Court regretted that the police authorities have taken cognisance of the offences committed in the above said gory incidents. Yet in several such incidents, no progress has been made in the investigation of these heinous crimes. Similar incidents have also taken place in Gujranwala, D. G. Khan, Faisalabad, Gujrat, Kasur and Sargodha. No progress has been made in apprehending the culprits and the matter are still under investigation.
The court maintained that a fair investigation is an essential element for the provision of justice. To ensure and guarantee fair investigation in a criminal case is therefore the responsibility of a functional criminal justice system. In the face of institutional inertia this matter falls within the province of this Court to address. No government committed to rule of law allows hurdles in or interference with the progress of independent police investigation. This is minimum standard that we, in the Province of Punjab, must establish. The Police Force must be dynamic and proactive to answer the call of their duty. The Inspector General shall state action if any taken against police officers held responsible for criminal negligence in the discharge of their duty to protect persons in their custody. The police authorities shall propose to the court a security plan for every judicial complex in the province. The accomplishment of afore-going task necessarily requires expertise. A centralised police cell comprising a team of competent officers shall be constituted by the Inspector General of Police to undertake the tasks assigned and to assist the Court on the next date of hearing with reports on the points mentioned above.
The court directed that in term of the structural strength of the investigation wing of the Police Department in the province the report shall state the steps taken already and others that are contemplated to ensure competence and independence of the investigating authorities. The court also issued notice to Prosecutor General Punjab as well as Vice Chairmen of Pakistan and Punjab Bar Council for the next date of hearing ie 01.08.2013. Earlier, Justice Najam-ul-Hassan while referring the matter to Chief Justice for adjudication by a larger bench had issued notices to Home Secretary, I.G. Police, CCPO, SP Security Lahore and District and Sessions Judges of all the Districts of Punjab as well as Presidents of Lahore High Court Bar and Lahore Bar Associations to suggest measures and methods to cope with the situation.