01:35
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KARACHI: The Supreme Court of Pakistan on Monday observed that the accused in a murder case cannot be released on parole, adding that the court punishes the culprits while the government releases them.
A five-member bench of the apex court, headed by Justice Anwar Zaheer Jamali and comprising Justice Khilji Arif Hussain, Justice Sarmad Jalal Usmani, Justice Amir Hani Muslim and Justice Athar Saeed, was hearing the Karachi law and order case at the Karachi Registry.
The court expressed dissatisfaction over the Rangers report regarding the arrest of culprits and directed the DG Rangers to submit a comprehensive report regarding the arrest of culprits and hand them over to the police.
Rangers’ deputy assistant judge advocate general Major Ashfaq submitted report mentioning that the Rangers conducted 63 raids since October 24 and arrested 64 persons while 108 persons were arrested during snap checking and all of them were handed over to the police for prosecution.
Justice Amir Hani Muslim observed that reports should be detailed as when and where raids were conducted, who was the incharge officer of raiding party and when the suspects were handed over to the police. He observed that due to prolonged and unexplained detention of the suspects by the Rangers and the delay in handing them over to police no culprit could get be convicted by the trial court because of the ambiguity with regard to the arrest of the accused.
Advocate General Sindh Abdul Fatah Malik and senior member Board of Revenue Shahazad Shamoon submitted that the survey of government land is being conducted and action has been taken against revenue officers, Mukhtarikars for their involvement in making forged entries in revenue records. The court inquired whether the record of each district’s land has been maintained and if done to what extent. The court observed that state land was being allowed to be encroached with the blessings of the revenue department. Justice Jamali observed that it is matter of concern that despite the Supreme Court and High Court directives no record of government land is being maintained resulting in government land being encroached and real owners running from pillar to post.
A revenue department official admitted that Jamshoro and Karachi are the worst for land grabbing and encroachment of land.
The court directed senior member board of revenue to submit report regarding action against delinquent officers of revenue department besides land record that was destroyed after the assassination of former prime minister Benazir Bhutto be properly recorded and maintained after scrutiny otherwise the court will send the matter to National Accountability Bureau if bogus entries were found in revenue records.
Additional Chief Secretary Home Waseem Ahmed informed the court that a new arms license policy has been issued for the issuance, renewal and transfer of arms license. He submitted that under new policy arms license shall not be issued to persons below the age of 25 years while deputy commissioner of the respective area shall also maintain the record of license holders.
The court observed that issuance of license should be issued after proper verification from local police and police department should have record of all arms license holders.
The home department also submitted reports regarding release of prisoners on parole. The report stated that out of 193 prisoners 168 have completed their sentence and released while the rest of the 25 prisoners were serving their sentences and a summary has been forwarded to the chief minister for consideration of revoking their license so that they could be sent to jail. On release of 35 under trial prisoners who were released by the previous government from 2003 to 2005, the court was informed that IG Sindh has been given directions to arrest the culprits and the FIA was asked to include their names on the exit control list.
Prosecutor General Sindh Shahadat Awan submitted that 70 prisoners including six convicted prisoners were released on parole who were involved in 177 cases and directions were issued to the police for their arrest and the IG prison was requested to conduct an inquiry and submit a report regarding disciplinary action against delinquent officers involved in the release of such prisoners on parole. He admitted that previous government misused its authority while releasing the under trial prisoners on parole.
Justice Sarmad Jalal Osmany observed that the accused who are convicted under murder charges could not be released on parole but special permission could be given to the prisoner under special circumstances from one to four days under police security.
The AG Sindh informed that the record of the police department would be computerized within three to six months. The court also directed the AG to submit an inquiry report regarding the jailbreak in Dadu and Sukkur prisons and what efforts were made to arrest the accused who fled in the jailbreak. He also informed the court that DG Rangers wanted to share some confidential reports regarding the Karachi law and order situation before the court in the chamber. The court directed DG Rangers to appear before the court and adjourned the hearing till November 28.
The Supreme Court also took notice of the non-compliance of court directives by the Election Commission of Pakistan regarding the removal of political and ethnic polarisation from electoral constituencies and summoned Secretary ECP to explain the non-compliance of the court order.
Hearing the Karachi law and order suo moto implementation case, the SC’s five member bench headed by Justice Anwar Zaheer Jamali observed that the Supreme Court had mentioned in its judgment that political polarisation be removed and delimitation of different constituencies was ordered so that no group or party could claim any area on the basis of ethnic or political polarisation. ECP representative Ataur Rehman submitted that fresh delimitation/reallocation of seats at present could not be undertaken on the grounds of a census related embargo under Article 51 (5) of the Constitution as well as section 7(2) of the delimitation of constituencies Act, 1974.
Justice Anwar Zaheer Jamali observed that the ECP could not take shelter under Article 51 (5) as such an article relates to the allocation of National Assembly seats to the provinces on the basis of population and there was no nexus with the court directives as court guidelines were issued to ensure removal of political polarisation and break ethnic strife and turf wars so that no one could divide the constituencies on an ethnic or political basis and representation of all groups is ensured in each and every constituency of the city and the elections could be held in their true spirit.
The court termed the stand taken by the ECP for non-implementation of court directives as malicious and the court will initiate contempt proceedings against the ECP as despite a lapse of more than one year no step was taken to make the compliance of the court’s directions.
The court observed that guidelines were issued to end ethnic strife so that members of different communities could live together in the population of a constituency and there would not be a majority of any single community so that true representatives of the people could come into parliament.
The court directed the Secretary Election Commission to appear before the court on Wednesday and explain the position.
A five-member bench of the apex court, headed by Justice Anwar Zaheer Jamali and comprising Justice Khilji Arif Hussain, Justice Sarmad Jalal Usmani, Justice Amir Hani Muslim and Justice Athar Saeed, was hearing the Karachi law and order case at the Karachi Registry.The court expressed dissatisfaction over the Rangers report regarding the arrest of culprits and directed the DG Rangers to submit a comprehensive report regarding the arrest of culprits and hand them over to the police.
Rangers’ deputy assistant judge advocate general Major Ashfaq submitted report mentioning that the Rangers conducted 63 raids since October 24 and arrested 64 persons while 108 persons were arrested during snap checking and all of them were handed over to the police for prosecution.
Justice Amir Hani Muslim observed that reports should be detailed as when and where raids were conducted, who was the incharge officer of raiding party and when the suspects were handed over to the police. He observed that due to prolonged and unexplained detention of the suspects by the Rangers and the delay in handing them over to police no culprit could get be convicted by the trial court because of the ambiguity with regard to the arrest of the accused.
Advocate General Sindh Abdul Fatah Malik and senior member Board of Revenue Shahazad Shamoon submitted that the survey of government land is being conducted and action has been taken against revenue officers, Mukhtarikars for their involvement in making forged entries in revenue records. The court inquired whether the record of each district’s land has been maintained and if done to what extent. The court observed that state land was being allowed to be encroached with the blessings of the revenue department. Justice Jamali observed that it is matter of concern that despite the Supreme Court and High Court directives no record of government land is being maintained resulting in government land being encroached and real owners running from pillar to post.
A revenue department official admitted that Jamshoro and Karachi are the worst for land grabbing and encroachment of land.
The court directed senior member board of revenue to submit report regarding action against delinquent officers of revenue department besides land record that was destroyed after the assassination of former prime minister Benazir Bhutto be properly recorded and maintained after scrutiny otherwise the court will send the matter to National Accountability Bureau if bogus entries were found in revenue records.
Additional Chief Secretary Home Waseem Ahmed informed the court that a new arms license policy has been issued for the issuance, renewal and transfer of arms license. He submitted that under new policy arms license shall not be issued to persons below the age of 25 years while deputy commissioner of the respective area shall also maintain the record of license holders.
The court observed that issuance of license should be issued after proper verification from local police and police department should have record of all arms license holders.
The home department also submitted reports regarding release of prisoners on parole. The report stated that out of 193 prisoners 168 have completed their sentence and released while the rest of the 25 prisoners were serving their sentences and a summary has been forwarded to the chief minister for consideration of revoking their license so that they could be sent to jail. On release of 35 under trial prisoners who were released by the previous government from 2003 to 2005, the court was informed that IG Sindh has been given directions to arrest the culprits and the FIA was asked to include their names on the exit control list.
Prosecutor General Sindh Shahadat Awan submitted that 70 prisoners including six convicted prisoners were released on parole who were involved in 177 cases and directions were issued to the police for their arrest and the IG prison was requested to conduct an inquiry and submit a report regarding disciplinary action against delinquent officers involved in the release of such prisoners on parole. He admitted that previous government misused its authority while releasing the under trial prisoners on parole.
Justice Sarmad Jalal Osmany observed that the accused who are convicted under murder charges could not be released on parole but special permission could be given to the prisoner under special circumstances from one to four days under police security.
The AG Sindh informed that the record of the police department would be computerized within three to six months. The court also directed the AG to submit an inquiry report regarding the jailbreak in Dadu and Sukkur prisons and what efforts were made to arrest the accused who fled in the jailbreak. He also informed the court that DG Rangers wanted to share some confidential reports regarding the Karachi law and order situation before the court in the chamber. The court directed DG Rangers to appear before the court and adjourned the hearing till November 28.
The Supreme Court also took notice of the non-compliance of court directives by the Election Commission of Pakistan regarding the removal of political and ethnic polarisation from electoral constituencies and summoned Secretary ECP to explain the non-compliance of the court order.
Hearing the Karachi law and order suo moto implementation case, the SC’s five member bench headed by Justice Anwar Zaheer Jamali observed that the Supreme Court had mentioned in its judgment that political polarisation be removed and delimitation of different constituencies was ordered so that no group or party could claim any area on the basis of ethnic or political polarisation. ECP representative Ataur Rehman submitted that fresh delimitation/reallocation of seats at present could not be undertaken on the grounds of a census related embargo under Article 51 (5) of the Constitution as well as section 7(2) of the delimitation of constituencies Act, 1974.
Justice Anwar Zaheer Jamali observed that the ECP could not take shelter under Article 51 (5) as such an article relates to the allocation of National Assembly seats to the provinces on the basis of population and there was no nexus with the court directives as court guidelines were issued to ensure removal of political polarisation and break ethnic strife and turf wars so that no one could divide the constituencies on an ethnic or political basis and representation of all groups is ensured in each and every constituency of the city and the elections could be held in their true spirit.
The court termed the stand taken by the ECP for non-implementation of court directives as malicious and the court will initiate contempt proceedings against the ECP as despite a lapse of more than one year no step was taken to make the compliance of the court’s directions.
The court observed that guidelines were issued to end ethnic strife so that members of different communities could live together in the population of a constituency and there would not be a majority of any single community so that true representatives of the people could come into parliament.
The court directed the Secretary Election Commission to appear before the court on Wednesday and explain the position.
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