SHC seeks report on May 12 cases disposed of so far

KARACHI - The Sindh High Court (SHC) on Thursday sought a detailed report by February 9 on cases involving the May 12, 2007 carnage that have been disposed of so far under A-class.

SHC Chief Justice Ahmed Ali M. Sheikh referred a contempt of court application to a division bench consisting of Justice Iqbal Kolhoro and Justice K K Agha. The application filed by Iqbal Kazmi seeks compliance of court’s earlier order regarding reopening of May 12 cases.

The court summoned the chief secretary, home secretary, inspector general of police and others seeking their replies at the next hearing.

In his application, the plaintiff stated that the high court had issued direction to submit detailed report regarding the cases on September 11, but the authorities failed to do so. He pleaded for contempt of court proceedings against the concerned authorities.

On December 23, the court had repeated its order to issue notices to the advocate general, home secretary, inspector general of Sindh Police and others to furnish details of cases in which A-class reports were filed in courts across the province.

The A-class reports pertain to the cases in which accused persons are unknown or untraceable.

The court also asked top officials of police and prosecution to communicate a 2016 SHC judgement regarding A-class reports to their departments and file complete record of such cases during the last 10 years.

In its order, the bench stated that no investigation can be said to have been completed unless the culprits were identified. A report under A-class will never be an admission of completion of the investigation and, therefore, no question regarding legal disposal of such cases was raised, it added.

“The attitude of police to believe about disposal of cases under A-class was not only illegal but also against the spirit of investigation while active awareness of magistrates in dealing with such reports was also found to be not in accordance with [supervisory] role,” it added.

After the SHC order, the provincial government reopened the cases those were declared ‘A Class’ (proceedings in the case frozen with the approval of the court) were reopened for the trail.

The SHC ordered to constitute a special tribunal regarding the May 12, 2007, mayhem, and also ordered to constitute a joint investigation team (JIT) to probe the riot that claimed at least 50 lives in Karachi.

The bench had recommended the appointment of a senior judge of the high court for the proceeding and oversees the matter; however the bench ordered to constitute a JIT to reinvestigate the riot occurred on May 12, bloodshed.

The court ordered the provincial government to reopen the 65 pending cases mostly were declared ‘A Class’ (proceedings in the case frozen with the approval of the court)

In its order, the court directed to determine the culprits behind the bloodshed occurred on the arrival of the former CJP. The main characters must be held accountable who issued directives to block the roads to stop the lawyers’ rally, and the role of the then federal and provincial government must be investigated if involved in blocking the roads. The bench sought facts about the authorities who gave order to block the roads and buildings of the city court, Malir district court and high court by the angry mob those made hostage to the lawyers and the political workers who were moving to welcome the former CJP.

 

ePaper - Nawaiwaqt