Paralysis of judiciary won?t be allowed: SC

[ahlam1399]

Paralysis of judiciary won?t be allowed: SC

Issues **tices to DGs of ISI, IB, Rangers, FIA, Sindh IG, interior secretary in Owais Shah kidnapping case; says public has lost its trust in police; IG says recording system of 15 helpline out of order for last four years

KARACHI: The Supreme Court (SC) on Friday observed that it would **t allow the judiciary to be paralysed and issued **tices to the attorney general, interior secretary. director general ISI, director general IB, director general FIA, IG Sindh Police and DG Rangers with regard to the kidnapping of Barrister Owais Ali Shah, the son of Sindh High Court (SHC) Chief Justice Sajjad Ali Shah.

A five-member larger bench of the apex court, led by Justice Amir Hani Muslim and comprising Justice Gulzar Ahmed, Justice Mushir Alam, Justice Faisal Arab and Justice Khilji Arif Hussain, heard the Karachi law and order implementation case at the Karachi Registry on Friday.

The court sought replies from the heads of sensitive agencies regarding the progress in the Owais Shah kidnapping case. The court directed the interior secretary to appear before it personally on July 21 to inform it about the progress in efforts to recover Owais Shah. The court also summoned the Chairman of the Pakistan Electronic Media Regulatory Authority (Pemra) Absar Alam and Pakistan Telecommunication Authority on July 21 over the issue of a campaign being run on social and electronic media against the chief justice and the judiciary for the past two weeks.

The court directed the Pemra chief to inform it about who was behind the campaign. The court said the campaign was aimed at defaming the judiciary. The court said it was necessary to k**w who was behind the campaign.

Meanwhile, the Sindh police IG informed the court that 295 murder cases had been registered during the first seven month of 2016 in Karachi. He said 857 persons were killed in target killing incidents during 2013-2015.

The bench asked IG Allah Din** Khawaja whether he was the police chief on paper only, and asked him to improve the working of the police department.

The report on the kidnapping of Barrister Owais Shah was submitted in the court. The Sindh chief secretary informed the bench that a committee had been constituted for departmental action against SSP (South) Muhammad Farooq with the orders to submit its recommendations by July 19. The committee had time till July 19 to plead their case, the report said.

The bench criticised the performance of the Sindh Police and ordered submission of the performance report of director parole.

The court asked the IG why were roads in Karachi **t blocked when Owais Ali Shah was kidnapped. Allah Din** Khawaja replied that his ******rs had **t informed him about the kidnapping.

The court asked why SSP Clifton Muhammad Farooq was still in uniform. The IG said that action was being taken against the SSP, SP and SHO Clifton for their negligence.

The IG added that recording system for police helpline 15 was out of order. For the last four years it has **t been fixed, he said. The accused ******rs have been served show cause **tices, AIG Sindh Mushtaq Maher said.

The court expressed its displeasure, saying that the public has lost its trust in the police. **thing in the department was working properly, Justice Khijli Arif said.

Justice Ameer Muslim Hani said while giving remarks that he has been **ticing from 25 days that son of Chief Justice of Sindh High Court (SHC) is missing while character assassination campaign is going on social media. This was **t a message but a regular campaign.

Meanwhile, the court rejected the report of the additional attorney general regarding the removal of the illegal sign boards and billboards and ordered to remove them till July 21. Justice Amir Hani Muslim said that the billboards and sign boards were still present. The court said if these are **t be ******* till July 21 then action would be taken against the responsible. -- Agencies

According to a private TV channel the apex court said if Sindh CJ's son is in custody of any agency, the court should be apprised of it.

Jamal Khurshid adds: The Supreme Court on Friday took **tice of a vilification campaign against the judges through social and other media after the abduction of Chief Justice Sindh High Court’s son Owais Ali Shah and issued **tices to Chairman Pakistan Telecommunication Authority, Pakistan Electronic Media Regulatory Authority and the Federal Investigation Agency’s head to explain their position.

The court also issued **tices to Director General Inter-Services Intelligence, DG Intelligence Bureau and others on a petition of the Sindh High Court Bar Association on the abduction of Owais Ali Shah and called their comments on July 21.

Hearing the Karachi law and order suo moto implementation proceedings and political interference and influence in the police, the SC’s five-member bench headed by Justice Amir Hani Muslim observed that a few days before the abduction of Owais Ali Shah, through social and other electronic media, a campaign of vilification had been started against the judges of the superior judiciary at different levels for which ** action had so far been taken by the relevant forums.

The court observed that after the abduction of Owais Ali Shah, a regular campaign of character assassination of superior court judges had been started and ** one from the relevant authorities had either shown concern or taken action. The court observed that it is the PTA and/or the PEMRA who are the relevant authorities for the purposes of taking action against such a campaign maligning the institution.

SHCBA's counsel Khalid Javed submitted in the petition that advocates have serious concern on account of the unfortunate incident of kidnapping of Owais Ali Shah, who is also a practising advocate of the Sindh High Court. According to the counsel, 25 days have passed but **thing has been done to recover the abducted person. He submitted that it had shattered the confidence of advocates and the public at large.

The counsel requested the court to direct the official respondents to take all requisite measures immediately to effect the safe recovery of Owais Ali Shah and the apprehension of abductors and to coordinate their efforts in this regard with all other law-enforcement and intelligence agencies throughout Pakistan and to furnish regular progress reports to the court.

Besides, the lawyers requested the court to devise and implement a plan to improve the existing security of court complexes, judges and lawyers and their families and a methodology to speedily address and resolve any specific threats they may be facing.

The court took an exception over **n-appearance of interior secretary despite a **tice and directed the secretary interior to ensure his presence besides the attorney general on the date of hearing, ordering that the State shall ensure early recovery of Owais Ali Shah through the help and assistance of all the federal and provincial law enforcement agencies and respective reports shall be submitted by law ******rs. The court observed that it will go to conclusion in such matter and expected that safe recovery of Owais Shah shall be effected by the concerned authorities.

Regarding the action taken against police officials for their negligence in Owais Shah’s kidnapping case, IG Sindh AD Khawaja submitted that the DIG East conducted an inquiry against the officials of Clifton police station as well as 15 Madadgar and as per the inquiry report, police officials of the Clifton police station as well as Madadgar-15, were found guilty of negligence. He submitted that departmental action has been recommended for police ******rs of the ranks of DSP, SP and above, whereas for the remaining police officials, who are below the rank of BS-17, action has been ordered by the additional IG Karachi.

The IG Sindh submitted that voice recorder of the Madadgar-15 was out of order for the last couple of years and a tender could **t be issued to purchase the required equipment.

Justice Gulzar Ahmed observed that there was a coordination gap between the police and the public. Justice Faisal Arab inquired the IG Sindh as what was the SOP of the police to response to the call of Madadgar 15 and what action was taken against the officials for the delay in response.

The Additional IG, Karachi, Mushtaq Mehar, submitted that he had already issued show cause **tices to all such officials and a departmental enquiry will be conducted after the completion of codal formalities. The advocate general Sindh stated that all the police ******rs, who are found guilty by the enquiry ******r, shall be proceeded against in accordance with law. The court observed that all such inquires be concluded in accordance with law and the report be submitted to the court, including the inquiry report against SSP South.

Submitting a report on targeted killings and kidnappings for ransom in the city, the IG Sindh submitted that 295 cases of murder had been reported since January 1 to June 30, 2016 as compared to 468 cases of murder in the first six months of 2015 and 895 cases in 2014. He submitted that kidnapping for ransom cases were also reduced to 29 in the first six months of 2016 as compared to 79 in 2014 and 31 in 2015. He submitted that out of 630 cases of targeted killings from 2013 to 2015, 222 cases had been detected while 408 remained untraced. He said that these 408 cases were reopened in which 42 have been charged sheeted while the remaining 366 cases were under investigation.

To the court query about the increase in street crimes, he submitted that 55 spots have been identified where street crimes had taken place during rush hours and effective deployment was made at these spots. He submitted that with the help of NGOs and Citizen-Police Liaison Committee, surveillance cameras were being stalled at these spots.

The IG Sindh submitted that the Sindh Police do **t have access to geo-fencing facility to trace the crimes and a request has been made to the federal government. However, the request has been denied. Besides, the federal government was also approached to provide access to the National Database Authority’s family tree facility. However, the decision of the federal government was awaited.

The court issued **tices to the federal government and additional attorney general to submit their replies in the matter after seeking instructions from the relevant authorities. The Rangers law ******r also submitted a report about the targeted operation since September 2013 and submitted that 4,773 culprits had been arrested and illegal arms and ammunition were recovered from their possession and cases were registered against them. He submitted that 183 persons were convicted by the anti-terrorism courts while 119 cases were pending.

Regarding the release of four convicts on parole, Advocate General Sindh Zamir Ghumro informed the court that a committee had been constituted by the provincial government comprising senior member, Board of Revenue, additional secretary, home department, and additional secretary, services, who shall look into the conduct of Director Parole Saleem Raza Abbasi as well as other members of the parole committee who have prima facie acted in a negligent manner in recommending the release of four convicts on parole. He submitted that the committee shall submit its report within 10 days.

The court questioned the criteria of parole committee for choosing the convicts to be released on parole and inquired the advocate general as what were the parameters for picking the names of convicts to be released on parole.

The court observed that on completion of the enquiry, a copy of such report be submitted to the court and reply in response to parole by former home secretary Niaz Abbasi will be considered on the next date after submission of the report of the aforesaid committee.

The court directed the provincial government to submit a compliance report on the directions issued by the court in the Karachi law and order suo moto proceedings and adjourned the hearing till July 21.

The court also dismissed the application of former IG Sindh Dr. Mohammad Shoaib Suddle and others who have challenged the vires of the Police Act, 2011, asking them to file a separate Constitution Petition to challenge the vires as an application can**t be entertained at the suo moto implementation proceedings.





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