

ISLAMABAD - The Supreme Court on Thursday directed the Sindh government to constitute a high-level committee with the Sindh High Court chief justice as its head to ensure that law enforcement agencies take indiscriminate action against all those involved in unrest and violence in Karachi. The court also called for political parties to end ties with criminal gangs.
Chief Justice Iftikhar Muhammad Chaudhry passed the order while announcing a 156-page judgment in the Karachi killings case. A five-judge bench had taken suo moto notice of the matter on August 24, when terrorists target-killed more than 300 people in a single month, spreading a general sense of insecurity in the city of 20 million.
The bench reserved its verdict on September 16 after recording statements of all concerned. Thursday?s judgment said that the proposed committee be assisted by the chief secretary, the heads of the security agencies i.e. para-military forces and Inspector General of Police. The chief justice of SHC shall convene the meeting at least once a month to review the implementation of this judgment, and a copy of the proceedings shall be transmitted to the Registrar of apex court for appropriate orders by the bench at a later stage, if need be.
Justices Anwar Zaheer Jamali, Sarmad Jalal Osmany, Amir Hani Muslim and Ghulam Rabbani are other members of the bench that heard the case in Karachi for three weeks. Because of the rather prolonged presence of the bench there, killings in the cosmopolitan city drastically went down and many criminals were either arrested or they went into hiding.
The curiosity of the people can be gauged from the fact that the opposition parliamentarians wrapped up their sit-in before the Presidency to be able to reach their homes or offices at the earliest possible and hear the verdict live on their TVs. Many believed that it could change the political atmosphere in the country.
In the judgment, the bench observed that there are criminals who have succeeded in making their ways into political parties, both that are part of the government or are out of it. Such people, it said, were 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 democratic setup 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.?
According the judgment the DG Rangers candidly conceded that bhatta (extortion) is a normal practice and criminals are collecting bhatta (extortion money), which, every day, runs into at least Rs10 million and it is being charged from an ordinary shopkeeper, rehriwala (push-cart peddler) to the top businessman by criminals who have got the backing of the political parties.
The Special Branch report says that chanda/bhatta is being collected invariably by the persons who claim their association with ANP, MQM, PPP, Jamat-e-Islami, Sunni Tehrik, etc. Besides, activists of the organisations banned under the Anti-Terrorism Act, 1997, are also indulging in such activities.
The court observed that violence in Karachi this year and in the past is not ethnic alone but is also a turf war between different groups having economic, socio-politico interest to strengthen their position/aggrandisement, based on the phenomenon of tit-for- tat with political, moral and financial support or endorsement of the political parties.
The court said in the verdict that an application was lodged wherein documents were filed to establish allegations against the sovereignty of Pakistan attributing to Altaf Hussain, leader of MQM along with two CDs. Yet another application had been filed for summoning Dr Zulfiqar Mirza, former Home Minister, Government of Sindh, who according to him, had sworn on Holy Quran against MQM.
?We have pointed out to the learned counsel that he should have filed affidavit of Dr Zulfiqar Mirza and also brought to his notice that instant proceedings are not adversarial but inquisitorial, which have been initiated in the public interest. However, the issue being raised by him is of important nature SMC 16/2011 ETC. 96 and if he too considers it so, he can adopt the proper course for the redressal of his grievance in accordance with law. We have also pointed out that by the time it is established that Dr Zulfiqar Mirza?s statement in the newspapers has not been controverted (contradicted) by anyone, therefore, the same will be presumed to have been accepted as it is held in the case of Dr Mobashir Hussan v. Federation of Pakistan (PLD 2010 SC 265).?
It declared that recent violence in Karachi represents unimaginable brutalities, bloodshed, kidnapping and throwing away dead bodies and torsos in bags; as illustration, indicating toll of 306 lives in one month; detection of torture cells video of which has been produced; receiving bhatta to strengthen the ranks of one group against the other; grabbing land; drug mafia etc., destroying moveable and immovable properties of the citizens, establishes that the fundamental rights of the citizens enshrined in Articles 9,14,15,18 and 24 of the Constitution have not been protected/enforced by the provincial government. The court noted that the federal government has also not protected Sindh province against internal disturbance, thus the provincial government on this account, too, failed to carry out functions in accordance with the Article 148 (3) of the Constitution.
?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.?
It observed that in respect of banning any political party, including MQM, against whom all the interveners mostly had voiced complaints is not within domain of the Court at this stage as in terms of 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 law in the interest of the sovereignty or integrity of Pakistan and it is the responsibility of the Federal Government to act under Article 17 for action against any party violating this Article.
?The Court will only review such issue at any other appropriate stage or proceeding if then necessary to determine whether the actions of any party are directly or indirectly prejudicial to the sovereignty or integrity of Pakistan within the meaning of the Article.?
The court observed that no doubt the fear of reporting to some extent is due to a lack of confidence in the administration and the police but that confidence will have to be revived for the mutual benefit of all. It is for the government to revive that confidence by not using the administration and the police for political or private ends.
It is now the bounden duty of the government to continue with this status and not deflect the administration to its own benefit in preference to the citizen. ?The Police must also be cleansed of unmerited appointments. We intend to keep an eye on this process and will respond to any genuine complaint.?
It stated that to come out of instant grave situation of law and order in Karachi, police force, being principal law enforcing agency, has to be de-politicised and strengthened so that they could, with full commitment, dedication, zeal and zest, perform their bounden duty.
The morale of the police is low. Even honest policemen are demoralised. They are caught between the devil and the deep sea. They are conscious of the fact that so many policemen who took part in the operations of 1992 and 1996 have disappeared or have been eliminated.
The court further observed 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. Therefore in view of relevant laws, delimitation of different constituencies has also to be undertaken with the same object and purpose, particularly to make Karachi, a peaceful city in the near future. The Election Commission of Pakistan may also initiate the process on its own in this behalf.
The court directed that equal chances should 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.
It observed that Karachi is full of arms and ammunition of prohibited and non-prohibited bores including licensed and illicit, therefore, Karachi has to be cleansed from all kinds of weapons by adhering to the laws available on the subject, and if need be, by promulgating new legislation.
It further said there is a need for a fresh comprehensive law to eliminate and punish land grabbers and encroachers, as this is one of the Karachi?s greatest problems. 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 reiterated that monitoring of the criminal cases should take place in view of the observations made in the case of Sheikh Liaqat Hussain (supra). Besides, the appointments of the Presiding Officers of the Anti-Terrorism Courts should also not be delayed for any reason, as we experienced during the hearing of the case that those appointments were delayed for a period of nearly two years.
?We observe that since 1310 innocent citizens lost their lives, while a good number of people were injured and many lost their valuable property during the current year therefore, provincial government/executive should constitute a Commission to assess their losses and on its recommendation, compensation must be paid to the sufferers without partisan consideration.?
?We direct that there must be no ?No Go Areas? at all in Karachi, and if any is found or credibly reported to the court the police or the Rangers, required by the provincial government, shall take strong and decisive action to eliminate it.?
The verdict said the police and Rangers are expected to conduct the 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 directed that an independent and a depoliticised investigation agency be deputed to conduct investigation of cases fairly, honestly and without being influenced in any manner. 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 Anti-Terrorism Courts should be appointed in a highly transparent manner according to the Constitution and the law.
The Director General NADRA and the Inspector General Police, Sindh, are ordered to 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 bench further directed that the IGP shall 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. It should also be mentioned whether their families were compensated or not.
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, the court directed.
The court observed that the Provincial Government/Executive shall ensure smooth running of economic and commercial activities and take necessary steps that the protection is provided against uncalled for and illegal shutter down and strikes to the businessmen.
Due to illegal strikes and shutter down calls, the normal life of citizens of Karachi is paralysed, and 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 in view of the arguments disposed of suo motu proceedings as well as Constitution Petition No. 61 of 2011 under Article 184(3) with the 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 strongly.?
Staff Reporter from Lahore adds: PPP?s central secretary information Qamar Zaman Kaira has appreciated the Supreme Court verdict on Karachi situation, saying that PPP-led government will implement the decision in accordance with law and the Constitution.
Talking to TheNation, Kaira said government?s legal experts were busy examining the court decision in detail to implement the same. A close aide to President Zardari, Senator Babar Awan, however, told a news channel that he was yet to read the detailed judgement, and will be in a position to comment over it only when he had gone through the entire text.

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