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| Who shelled SC building, asks CJ |
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Wednesday, October 24, 2007
Court orders IG, SSP to furnish list of cases against lawyers, journalists, others
By our correspondent
ISLAMABAD: The Supreme Court on Tuesday ordered the suspended IGP, the deputy commissioner, and the SSP Islamabad to sit together and decide as to who was responsible for shelling the Supreme Court building.
A three-member bench of the Supreme Court, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Rana Bhagwandas and Justice Mian Shakirullah Jan, was hearing the suo moto case against the use of force by the law-enforcement agencies to quell protests by lawyers, journalists and other civil society representatives on September 29 outside the SC building as well as in front of the Election Commission of Pakistan.
The Supreme Court had taken suo moto notice against the barbaric action of the police that left over 70 lawyers, journalists and civil society members injured on September 29 during a protest demonstration when the Election Commission was scrutinizing nomination papers of presidential candidates.
The bench while hearing the case ordered the suspended IGP Moravat Shah and SSP Islamabad Dr Naeem Khan to place on record by October 31, cases registered against lawyers, journalists and members of civil society as well as investigation held in this regard.
It is pertinent to mention here that on October 1, the Supreme Court had ordered suspension of Deputy Commissioner Chaudhry Mohammad Ali, Inspector General of Police Moravat Ali Shah and Senior Superintendent of Police (SSP) Dr Naeem Khan, holding them responsible for the use of force against lawyers, journalists and other civil society representatives.
A number of journalists covering the event were also beaten up by the riot police, plainclothesmen and anti-terrorist squad personnel. The baton-charge began minutes after Prime Minister Shaukat Aziz, one of the proposers of Gen Musharraf as a candidate for the poll, had entered the Election Commission building and intensified when he was about to leave the place.
The court had also issued contempt of court notices to the deputy commissioner and the IG as well as Magistrate Irfan Ahmad to explain as to why they should not be punished for contempt of court for firing teargas shells inside the Supreme Court premises.
On Tuesday, the suspended IGP, Moravat Shah, Deputy Commissioner Chaudhry Muhammad Ali, SSP Dr Naeem Khan, Justice (Retd) Tariq Mahmood, Muhammad Ikarm Chaudhry and others representing the lawyers, media and members of civil society appeared before the court.
During the hearing, Chief Justice Iftikhar Muhammad Chaudhry admonished the suspended SSP Islamabad Dr Naeem Khan for not satisfying the court while explaining the matter of deputing police force in plainclothes on September 29.
The chief justice asked the suspended SSP whether there was any rule under which police in plainclothes could be deployed during a particular event. The SSP, however, failed to satisfy the court in this regard.
“You could lose your job if you failed to provide correct information to the court,” the chief justice said. On the court’s enquiry, the suspended SSP said that all the police force in plainclothes, deployed on September 29, was under training. He said that three platoons of 120 men without any weapons or batons were deployed.
Moravat Shah, the suspended IGP Islamabad, informed the court that the list of police officials deployed in plainclothes was prepared by acting SSP Taimur Ali Khan. The bench also directed lawyers, journalists and members of civil society to file affidavits in the court. On this, Muhammad Ikram Chaudhry, Advocate, informed the court that in this regard, some of the affidavits had already been filed.
The bench also issued directions that all the heads of hospitals of the federal capital including Pakistan Institute of Medical Sciences (PIMS), to place on record copies of medical certificates of journalists, lawyers and members of civil society and police officials who were provided medical treatment on September 29. They were also required to appear before the court on the next date of hearing.
The bench also directed the Advocate General Punjab to ensure his appearance before the court on October 31 and also ordered the suspended police officials and the DC Islamabad to appear on the next date of hearing.
Earlier, Khalid Anwar, who was appointed by the apex court as amicus curiae (Friend of court) to assist the bench in the case, appeared and presented his suggestions to the court. He submitted that it was the duty of the police to uphold the law and implement the law as well. He further submitted that the police cannot be expected to indulge in any criminal conspiracy to subvert the laws of the country.
Khalid Anwar submitted his suggestions and guidelines dealing with five issues, including the issue of exercise of power of the Supreme Court to lay down guidelines in the absence of, or till such time that the gap was filled by the legislature or relevant authority. He also offered suggestions as to how the police should deal with journalists and spoke about the practice adopted by police in foreign countries
Similarly, he also made suggestions as to how the police should deal with protestors, demonstrators and political activists. He also discussed the framework of accountability of police and suggested guidelines for state-controlled television PTV to ensure that there was a fair, impartial and unbiased coverage of events by it to avoid misleading and misguiding the masses of the country. Meanwhile, the court adjourned the hearing till October 31. |
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ISSN 1563-9479 
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