One party has committed breach of article 17 of constitution: CJP

KARACHI: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has said one party is there which has committed breach of article 17 of the constitution, therefore, the court is facing the prevailing situation.

CJP gave these remarks while presiding over a 5-member bench of Supreme Court (SC) during the course of hearing of suo motu case of Karachi violence here Wednesday.

CJP remarked all the cases occurring in Karachi pertain to terrorism and even extortion also falls in the definition of terrorism. However one person kills 100 persons and GIT gives report against him but no witnesses are available against him.

Anwar Mansoor Khan president Sindh High Court Bar Association (SHCBA) has completed his arguments.

Babar Awan argued that operation conducted by Gen Nasir Ullah Babar during 1994 to 1996 was the best solution towards Karachi issue. But government was removed on this pretext, he added.

CJP remarked the then government was charged that it had not discharged its constitutional obligations. More than 1310 people had been killed in the current year and more dead bodies were being recovered. The court has to do something, he said.

CJP said when courts are working then the government would also gain strength. . 306 persons were killed from July to August and not a single accused was arrested and not any challan was presented.

Bench inquired from bench licenses of prohibited bore were being issued. LMG, rocket launcher and grenades were coming from where. IG had gone to such an extent saying that anti aircraft guns were also found here.

Babar Awan replied that he would tell about it after checking it. IG Sindh told on the occasion that 500000 licenses of prohibited bore have been issued from 2001 todate. Home ministry issues licenses but no entry is got recorded in the police stations in this respect, he told. CJP inquired from Babar Awan “since how many years back you are in a state of war”. 6 to 7 governments were sacked due to lawlessness in the past. One government was dissolved due to lawlessness in Karachi.

CJP said to Babar Awan “ you have heard reports of interior ministry, GIT, IG and ASI and even then you say government is successful. The circumstances in which police is working we appreciate them. IG Sindh says that 40 percent appointments have been made in police on political basis and he can not even transfer a DSP. Anti Terrorism law is not being implemented in letter and spirit.

Babar Awan said international and regional forces wanted to see Pakistan a weak and failed state. The government is also charged with failing to discharge its obligations which was an indication towards ending democracy.

CJP remarked Charchil had once said if courts continue to work in befitting manner then war can be won. There is wisdom in his statement.

Hearing of the case has been adjourned till today.