"Omer (RA) will be held responsible if a dog at the bank of Euphrates dies of hunger."
KARACHI: Chief Justice Iftikhar Mohammad Chaudhry on Thursday observed that courts were performing their constitutional duties and would keep protecting the rights of the citizens and that "everything would end if steps were taken to stop the courts from functioning."
The Supreme Court's five-member bench, headed by the CJ, reserved the judgment on the Karachi suo moto case after hearing the arguments of the attorney general, the counsel for the federation and the interveners of the proceedings.
The Supreme Court issued interim directions to the law enforcement agencies and provincial law officers. It directed the Sindh advocate general to submit investigation reports on a daily basis to Justice Anwar Zaheer Jamali and Justice Sarmad Jalal Osmany in their chambers through the deputy registrar at the Karachi Registry. The reports will update the court on cases registered for crimes committed commencing from July 24 onwards and progress made in the cases.
The court directed that trial courts before whom the challans were submitted to dispose of the cases expeditiously and hold the trial of the cases on a day to day basis. The Sindh government through the chief secretary has been directed to provide all necessary assistance through the law enforcement agencies and other resources.
The federation's counsel Babar Awan concluded his arguments on Thursday and submitted that parliament as well as the executive and provincial assembly would judge, under the Constitution, the necessity of invoking the provisions of Article 232. The chief justice observed that the court did not consider this aspect and had previously asked the Supreme Court Bar Association president not to refer to the said article because it was not the subject matter of the case.
The CJ observed that the Supreme Court, in its July 31 judgment, had already discussed all judgments from Dosso to Ziaur Rehman and passed orders with regards the limitations of all institutions. He said every institution was now fully aware about its responsibility and limits.
The chief justice observed that the Supreme Court had through its judgment buried the ways that led to extra constitutional steps and military interventions in the country and asked the counsel to find constitutional solutions to problems since the Constitution had answers to all problems.
He observed that prior to the 18th amendment, the Supreme Court had already issued the code of conduct for superior courts judges and said no judge shall take oath under the Provisional Constitutional Order. The chief justice observed that courts existed to protect and preserve the Constitution.
Referring to Article 232 of the Constitution, Awan said that the provincial government did not want to suspend the power of the courts even for a single movement because those who wanted to exercise Article 232 had forgotten that the writ of the courts was undermined after invoking the article. "The present government cannot do this," Awan claimed.
The CJ said that the deteriorating law and order situation in Karachi affected the entire country. He emphasized the need to adhere to the Constitution, citing the example of Indian states where in case of riots, assemblies were dissolved by the executive by exercising its powers.
The Federation counsel said the courts were functioning and the legal hierarchy was in place and whenever the rights of the citizens were violated, the process of the law started doing its work. He said that the government had to deal with each citizen very strictly and under the law and every citizen shall be entitled to fair trial and due process of the law under Article 10-A of the Constitution. He said the government would not only assist the court in the enforcement of fundamental rights under all circumstances but would ensure that it leave no stone unturned to achieve the results on the executive side.
Babar Awan said that the present government's policy was to resolve the issue of law and order through dialogue with political forces. The CJ asked with whom the government wanted to hold dialogue. Justice Sarmad Jalal Osmany inquired whether the government wanted to dialogue with criminals and warned that there is no provision in the law to compromise with them.
The Federation counsel said the government was engaging political forces in dialogue in order to maintain peace. Justice Osmany observed that the federation counsel was speaking on behalf of a political party and presenting theparty point of view instead of representing the State. "There should not be any compromise or dialogue on the rights of the citizens," he observed, asking Awan not to make political statements before the court.
The chief justice asked the counsel to suggest a way forward since no criminal had so far been prosecuted and six vacant seats of the Anti Terrorism court had to be filled through a judicial order of the court. The CJ observed that the Federation counsel should represent the Federation instead of a political party. "What will the widows and orphans get from such dialogues when their loved ones have been killed," the CJ asked.
The CJ observed that the government had overwhelming material against criminals, including intelligence agencies reportd, but no action was taken as yet and that the counsel had not uttered a single word yet with regards the investigation reports.
Awan said the situation in certain areas of Karachi had been brought under control by relevant executive authorities and the government would continue such policy.
Awan said that federal and provincial governments were acting strictly in accordance with the law, and elected representatives understood the responsibilities of defending the country internally. He said inclusive efforts were being made to maintain an atmosphere of peace and harmony in Karachi. He added that the executive authority had the capacity, mechanisms and will to control any internal disturbances.
Referring to law and order situation, the Federation counsel said only 9 troubled spots remained in the limits of 30 police stations of the city while in the rest of the city peace had been maintained by the police, and school and colleges were now opened. He said that every crime constituted a violation of fundamental rights in some manner or the other, adding that rivalries among different citizens also entail violations of rights. He said there were no allegations against any provincial executive or the Federation that they had violated the rights of citizens.
The chief justice asked what the government was trying to achieve by allowing people to kill each other. Emphasising the responsibility of the State with regards the rights of citizens, the chief justice referred to the famous quote of second caliph Hazrat Umer (RA), who said that "Omer (RA) will be held responsible if a dog at the bank of Euphrates dies of hunger." The chief justice observed that the executive could not absolve itself of responsibility merely by saying it was the chosen representative of the people. The CJ asked the Federation counsel why the government was shying from taking responsibility to protect citizens' rights.
The chief justice observed that one had to be thankful for the Constitution and strive to resolve all matters strictly in accordance with the document. He further observed that Karachi was a mini Pakistan and if the law and order situation there were not controlled today, violence would be much harder to control in the future.
Justice Sarmad Jalal Osmany observed that city life was paralysed through strike calls given by any political party and several people were killed and many vehicles set on fire.
The CJ observed that 1310 people had been killed in this year and the government had to find a solution to the violence by way of the Constitution.
On the federal counsel's submission that several policemen were killed in Karachi to maintain law and order, the chief justice observed that not a single culprit involved in killings of the 92 police officers who took part in the Karachi operation had been arrested.
The court also directed Additional IG Police Saud Mirza to furnish certificates duly signed by the DIGs of the respective zones of Karachi to the effect that all efforts would be made by them to control crime and in particular to ensure extortion did not take place. The court directed them to submit a report to the Sindh advocate general on a daily basis.
Federation counsel Babar Awan said that he approached the federal government and they had agreed to pay Rs300,000 to each of the families of advocates murdered in Karachi. The Sindh government also agreed to compensate the families of deceased lawyers.
AG Sindh filed police performance reports since June 20, 2011 onwards as well as a report in respect of Pakistan Rangers, including notifications authorising their deployment. The court also directed that the application of the Shia Ulema Council be tagged with the suo moto case as it relates with sectarian targeted killings.
Meanwhile, in pursuance of direction of the court, CIA DIG Iftikhar Tarar and DIG South Shaukat Ali have submitted reports in the Supreme Court that in their respective areas from August 24 till today no case of Bhatta (extortion) or illicit collection of money occurred except one case in the Mithadar police station.
DIG West Imran Yaqoob Minhas submitted a report that 10 cases of extortion were reported during the period from August 24 in hi area. The cases have been registered in respective police stations and are under investigation. DIG East Mohammad Naeem submitted that six cases of extortion were registered in district East and were under investigation.
All DIGs assured that if murder, targeted killings and extortion occurred in their respective areas the SHO of the police station concerned shall be suspended, posted out and proceeded against departmentally.
End.
The Supreme Court's five-member bench, headed by the CJ, reserved the judgment on the Karachi suo moto case after hearing the arguments of the attorney general, the counsel for the federation and the interveners of the proceedings.
The Supreme Court issued interim directions to the law enforcement agencies and provincial law officers. It directed the Sindh advocate general to submit investigation reports on a daily basis to Justice Anwar Zaheer Jamali and Justice Sarmad Jalal Osmany in their chambers through the deputy registrar at the Karachi Registry. The reports will update the court on cases registered for crimes committed commencing from July 24 onwards and progress made in the cases.
The court directed that trial courts before whom the challans were submitted to dispose of the cases expeditiously and hold the trial of the cases on a day to day basis. The Sindh government through the chief secretary has been directed to provide all necessary assistance through the law enforcement agencies and other resources.
The federation's counsel Babar Awan concluded his arguments on Thursday and submitted that parliament as well as the executive and provincial assembly would judge, under the Constitution, the necessity of invoking the provisions of Article 232. The chief justice observed that the court did not consider this aspect and had previously asked the Supreme Court Bar Association president not to refer to the said article because it was not the subject matter of the case.
The CJ observed that the Supreme Court, in its July 31 judgment, had already discussed all judgments from Dosso to Ziaur Rehman and passed orders with regards the limitations of all institutions. He said every institution was now fully aware about its responsibility and limits.
The chief justice observed that the Supreme Court had through its judgment buried the ways that led to extra constitutional steps and military interventions in the country and asked the counsel to find constitutional solutions to problems since the Constitution had answers to all problems.
He observed that prior to the 18th amendment, the Supreme Court had already issued the code of conduct for superior courts judges and said no judge shall take oath under the Provisional Constitutional Order. The chief justice observed that courts existed to protect and preserve the Constitution.
Referring to Article 232 of the Constitution, Awan said that the provincial government did not want to suspend the power of the courts even for a single movement because those who wanted to exercise Article 232 had forgotten that the writ of the courts was undermined after invoking the article. "The present government cannot do this," Awan claimed.
The CJ said that the deteriorating law and order situation in Karachi affected the entire country. He emphasized the need to adhere to the Constitution, citing the example of Indian states where in case of riots, assemblies were dissolved by the executive by exercising its powers.
The Federation counsel said the courts were functioning and the legal hierarchy was in place and whenever the rights of the citizens were violated, the process of the law started doing its work. He said that the government had to deal with each citizen very strictly and under the law and every citizen shall be entitled to fair trial and due process of the law under Article 10-A of the Constitution. He said the government would not only assist the court in the enforcement of fundamental rights under all circumstances but would ensure that it leave no stone unturned to achieve the results on the executive side.
Babar Awan said that the present government's policy was to resolve the issue of law and order through dialogue with political forces. The CJ asked with whom the government wanted to hold dialogue. Justice Sarmad Jalal Osmany inquired whether the government wanted to dialogue with criminals and warned that there is no provision in the law to compromise with them.
The Federation counsel said the government was engaging political forces in dialogue in order to maintain peace. Justice Osmany observed that the federation counsel was speaking on behalf of a political party and presenting theparty point of view instead of representing the State. "There should not be any compromise or dialogue on the rights of the citizens," he observed, asking Awan not to make political statements before the court.
The chief justice asked the counsel to suggest a way forward since no criminal had so far been prosecuted and six vacant seats of the Anti Terrorism court had to be filled through a judicial order of the court. The CJ observed that the Federation counsel should represent the Federation instead of a political party. "What will the widows and orphans get from such dialogues when their loved ones have been killed," the CJ asked.
The CJ observed that the government had overwhelming material against criminals, including intelligence agencies reportd, but no action was taken as yet and that the counsel had not uttered a single word yet with regards the investigation reports.
Awan said the situation in certain areas of Karachi had been brought under control by relevant executive authorities and the government would continue such policy.
Awan said that federal and provincial governments were acting strictly in accordance with the law, and elected representatives understood the responsibilities of defending the country internally. He said inclusive efforts were being made to maintain an atmosphere of peace and harmony in Karachi. He added that the executive authority had the capacity, mechanisms and will to control any internal disturbances.
Referring to law and order situation, the Federation counsel said only 9 troubled spots remained in the limits of 30 police stations of the city while in the rest of the city peace had been maintained by the police, and school and colleges were now opened. He said that every crime constituted a violation of fundamental rights in some manner or the other, adding that rivalries among different citizens also entail violations of rights. He said there were no allegations against any provincial executive or the Federation that they had violated the rights of citizens.
The chief justice asked what the government was trying to achieve by allowing people to kill each other. Emphasising the responsibility of the State with regards the rights of citizens, the chief justice referred to the famous quote of second caliph Hazrat Umer (RA), who said that "Omer (RA) will be held responsible if a dog at the bank of Euphrates dies of hunger." The chief justice observed that the executive could not absolve itself of responsibility merely by saying it was the chosen representative of the people. The CJ asked the Federation counsel why the government was shying from taking responsibility to protect citizens' rights.
The chief justice observed that one had to be thankful for the Constitution and strive to resolve all matters strictly in accordance with the document. He further observed that Karachi was a mini Pakistan and if the law and order situation there were not controlled today, violence would be much harder to control in the future.
Justice Sarmad Jalal Osmany observed that city life was paralysed through strike calls given by any political party and several people were killed and many vehicles set on fire.
The CJ observed that 1310 people had been killed in this year and the government had to find a solution to the violence by way of the Constitution.
On the federal counsel's submission that several policemen were killed in Karachi to maintain law and order, the chief justice observed that not a single culprit involved in killings of the 92 police officers who took part in the Karachi operation had been arrested.
The court also directed Additional IG Police Saud Mirza to furnish certificates duly signed by the DIGs of the respective zones of Karachi to the effect that all efforts would be made by them to control crime and in particular to ensure extortion did not take place. The court directed them to submit a report to the Sindh advocate general on a daily basis.
Federation counsel Babar Awan said that he approached the federal government and they had agreed to pay Rs300,000 to each of the families of advocates murdered in Karachi. The Sindh government also agreed to compensate the families of deceased lawyers.
AG Sindh filed police performance reports since June 20, 2011 onwards as well as a report in respect of Pakistan Rangers, including notifications authorising their deployment. The court also directed that the application of the Shia Ulema Council be tagged with the suo moto case as it relates with sectarian targeted killings.
Meanwhile, in pursuance of direction of the court, CIA DIG Iftikhar Tarar and DIG South Shaukat Ali have submitted reports in the Supreme Court that in their respective areas from August 24 till today no case of Bhatta (extortion) or illicit collection of money occurred except one case in the Mithadar police station.
DIG West Imran Yaqoob Minhas submitted a report that 10 cases of extortion were reported during the period from August 24 in hi area. The cases have been registered in respective police stations and are under investigation. DIG East Mohammad Naeem submitted that six cases of extortion were registered in district East and were under investigation.
All DIGs assured that if murder, targeted killings and extortion occurred in their respective areas the SHO of the police station concerned shall be suspended, posted out and proceeded against departmentally.
End.
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