The News 21 Sept 2013
KARACHI: Taking a serious notice of non-arrest of more than 33,000 absconders in the last five years, the Supreme Court on Friday directed the police and other law enforcement agencies to ensure the arrest of all 33,665 absconders/ proclaimed offenders, including 1,486 terrorists, who were freely roaming the city.
A larger bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, was hearing the Karachi law and order suo moto implementation case at the Karachi Registry of the Supreme Court.
The court also directed the law enforcement agencies to confiscate properties of absconders, and conduct an operation on the pattern of Malaysia. “The presence of 33,665 absconders in the city is an eye-opener,” the chief justice observed.
“Why police are not running after these absconders who are roaming the city,” the CJ observed, adding that these 33,665 persons were declared absconders in the last five years while there was already a list of criminals who had benefited from the National Reconciliation Ordinance in 2007.
The chief justice observed that startling disclosures had been made in the Rangers report about the city’s law and order situation which shows disturbances in the affairs of city administration.
The court observed that the federal government and Rangers reports had been sealed keeping in view the sensitivity of reports. “We don’t want an interference but want peace in the city at all costs as economy of the city has been destroyed and we stand nowhere,” the chief justice observed.
Prosecutor General Shahadat Awan filed a report with the court regarding the status of proclaimed offenders in the province. The court took notice of non-arrest of 110,549 absconders in the province, includingincluding 33,665 absconders in five districts of Karachi who were involved in different cases during last five years from 2008 to 2013.
The chief justice observed that the city has been facing lawlessness since 1980s, inquiring the Sindh prosecutor general as to what happened to absconders prior to 2007.Justice Jawwad S Khawaja observed that no one could hope for peace in the city in presence of more than 33,000 absconders and 1,500 terrorism suspects in the area.
Justice Iftikhar observed that citizen were facing hardship due to non-seriousness of the police and other officials of the administration.The court observed that one could well imagine the security arrangements for the citizen by the police in the city like Karachi, which is in grip of criminals who are free to commit crime everywhere in the city.
“Had police force have a dedicated commitment to reduce the crime, these absconders could have been arrested,” the court observed, adding that now not a single corner of the city is protected from the criminals.
Sindh IGP Shahid Nadeem Baloch submitted that a campaign was launched to arrest these absconders. The court also directed trial courts to initiate proceedings against the absconders by attaching their moveable and immovable properties under criminal procedural code (CrPC).
The chief justice observed that smuggling of illegal arms and ammunition is the root cause of all crimes and peace could not be established in the city until flow of arms and ammunition is stopped. The court observed that availability of arms of all calibres with ammunition is one the reason of increase in crime, extortion and targeted killing in the city.
Sindh Chief Secretary Ejaz Chaudhry submitted that there are over all one million arms licence holders in the province but he had not details regarding the district-wise details of arms licence holders.
The court expressed anger over the home secretary for not maintaining the data regarding arms licence holders in the city. The chief justice observed that the city was burning but the home secretary has nothing to do with the affairs of the city. He said due to non-seriousness of the government officers, public representatives were giving explanations in the media. The court observed last week the city was paralysed due to a strike call and suffered loss of billions of rupees.
Justice Khawaja observed that on one is owning the city of Karachi otherwise the problems of the city could easily be resolved with the will of administration.To a court query, Director General Rangers Major General Rizwan Akhtar said that he did not know the actual quantity of arms in the city; however, the possibility of arms in every house of the city could not be ruled out.
The court directed the trial courts to try the terrorism cases charge sheeted by the police expeditiously and conclude the trial without any delay or giving any adjournment. The court also directed the Sindh prosecutor general to submit progress report regarding Geo TV reporter Wali Khan Babar murder case and killing of its witnesses.
The chief justice observed that the situation of law and order could not be improved until the criminals are punished as it is known principle that conviction to the criminals send massage to the other likeminded persons to abstain from committing any crime and it creates deterrence in society against the crime.
The court observed that violence in Karachi during the current year and in the past is not ethnic alone but it is also a turf war between different groups having economic, socio-politico interest to strengthen their position, based on the phenomenon of tit for tat with political, moral and financial support or endorsement of the political parties, who are claiming their representation on behalf of public of Karachi, including components and non-components of the provincial government.
The court observed that appreciably both the federal and provincial governments have realised their responsibilities and after the federal government meeting on September 4 the situation of law and order has been improving but it required to be sustained.
Revenue officer Zulfiqar Shah informed the court that around 23,240 acres of the land of the city have been encroached by the different government institution while 30,988 acres are in possession of encroachers. He submitted that survey of 90 percent of the land has been completed and rest of the land will be covered after amendments in the relevant laws.
The court issued notices to KPT, Kanuup, Karachi Port Trust, DHA, Port Qasim Authority, Malir Development Authority and others to file comments as under which authority of the law they are in possession of property belong to the provincial government and why they should not be directed to vacate the land and given the possession to the provincial government.
DHA counsel Nazar Hussain submitted that the Authority has been allotted land by the President of Pakistan in 2005 for 99 years lease. The court observed that the president was not the owner of the government land and under the cantonment laws, all the land which was not being owned by the military shall be returned to the province and directed the Sindh AG to file a reply on application of the DHA. The court directed the Sindh government to file comments on application of Inter-Service Intelligence regarding transfer of 10 acres land in district West Karachi.
The chief justice inquired the Sindh IGP as to what efforts were made to arrest the culprits involved in killing and disappearance of policemen who took part in operations of 1992 and 1996 as the Supreme Court, in its October 6 judgment, had directed the police to fully and impartially investigate and find out the circumstances of each such disappearance/ elimination and provide a detailed report.
The Sindh AG submitted that cases were ordered to be reopened by the Sindh IGP and sought time to file the report. On query regarding existence of No-go areas in the city, the IGP said that except Peerabad, Sohrabgoth and Mangphopir areas there was no No-go area in the city and police were conducting raids and search operations were going on in the Lyari area.
To a query regarding de-politicising in police, the IGP submitted that exercise for scrutinising the profiles of police officers and political affiliation has been started and with the help of intelligence agencies reports were being prepared. The court also directed the IGP and prosecutor general to submit a report regarding release of 70 under-trial prisoners involved in 177 murder and kidnapping for ransom cases on parole during Arbab Ghulam Rahim’s government in 2004-05.Later, the hearing of the case was adjourned for two weeks.
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