SHC seeks home dept’s reply on man’s plea against his name in fourth schedule

The Sindh High Court (SHC) has recently issued notices to the provincial advocate general, home department and others to file comments on a petition of an All Pakistan Muslim League leader against placement of his name under the fourth schedule of the Anti-Terrorism Act (ATA).

Petitioner Sarmad Siddiqui submitted in the petition that he was falsely implicated by the police in the airport attack case and was acquitted from the charges by the trial court.

He submitted that the home department had placed his name under the fourth schedule of the anti-terrorism law for last many years although he had been acquitted from the terrorism charges by the trial court.

He submitted that a person could be listed under the Section 11-EE of the anti-terrorism law for three years, but his name was not deleted by the home department despite a lapse of more than seven years.

He submitted that he had filed representation before the home department in February 2020 for removal of his name from the fourth schedule but the department did not de-list his name.

He requested the high court to direct the home department and other official respondents to produce the incriminating material or evidence against him and if they failed to do so, direct them to remove his name from the fourth schedule of the ATA.

He also sought injunction against harassment to him and his family members by police and other law enforcement agencies. A division bench of the high court headed by Justice Mohammad Iqbal Kalhoro after the preliminary hearing of the petition issued notices to the home department and others, and called their comments.

Anti-rape law

The SHC also recently directed a provincial law officer to file comments on a petition seeking implementation of the Anti-Rape (Trial and Investigation) Act.

Petitioner M Tariq Mansoor had submitted in the petition that due to lack of implementation of the law, rape incidents were increasing and the accused were acquitted due to defective investigations in such cases.

He submitted that during 2013-2020, a total of 2,995 rape cases against women and children were reported. In 2019, the number of reported cases was 407, which increased to 455 in 2020.

He submitted that anti-rape crises cells were to be established under the anti-rape law in each and every district of the province. He submitted that dedicated prosecutors and lack of framing of the rules was also a cause of concern besides several provisions of the law had not been implemented yet by the federal and provincial government.

The petitioner submitted that the law provided establishment of anti-rape crises cells at every public hospital of the district, legal assistance to the victims, speedy trial proceedings and witness protection programme which were yet to be implemented by the provincial government.

He submitted that although there were growing number of rape and violence against women cases in the province, no action had been taken to enforce the law. The SHC was requested to direct the federal and provincial governments to establish anti-rape crises cells, ensure legal assistance to the rape victims through dedicated investigation and prosecution teams and in-camera trials to protect the identity of rape victims.