SHC refers May 12 riots case to CJ on plea for larger bench

The Sindh High Court (SHC) on Wednesday ordered that the May 12 riots case be referred to the high court’s chief justice to decide the application seeking the constitution of a larger bench for hearing.

The court was hearing the plea seeking a judicial inquiry into the case. The petitioner, Iqbal Kazmi, who had withdrawn his petition on November 19, 2007, approached the court after the restoration of the pre-November 3, 2007, judiciary for reopening the case.

The SHC’s division bench headed by Justice Mohammad Iqbal Kalhoro observed that the matter has been heard in part by another bench so the matter should be placed before the chief justice for an appropriate decision.

On the application regarding the constitution of a larger bench for hearing, as the matter was previously heard by a larger bench, the court was informed that it had earlier directed the office to place the matter before the chief justice of the SHC, but no order has been passed.

The court directed the office to place the matter before the chief justice so that an appropriate order can be passed on the application for the constitution of a larger bench, and then adjourned the hearing until June 20.

On June 1 the court had directed the provincial prosecutor general to submit a detailed report on the action taken against the people involved in the riots case. More than 50 people were killed on May 12, 2007, in different parts of the metropolis in violence and armed attacks on political parties and lawyers’ rallies that wished to welcome the then chief justice of Pakistan (CJP) Iftikhar Chaudhry, who was visiting the city to attend the Sindh High Court Bar Association’s golden jubilee celebrations.

Narrating the incidents of May 12, 2007, Kazmi said in the petition that the then home secretary and police chief had violated the court’s order for providing security to Chaudhry during his visit to Karachi, adding that mobs had laid siege to buildings of the high court and the city courts and manhandled lawyers.

He said the government had failed to protect the lives, liberties, freedom of movement and other fundamental rights of the citizens, requesting the court to initiate contempt proceedings against the then home adviser Waseem Akhtar for issuing derogatory remarks against the CJP.

The petition requested the court that an inquiry be conducted under the supervision of a high court judge, cases be lodged against the people involved in the May 12 violence and senior government officials be sacked for their failure to perform their duties in accordance with the law and the Constitution.

It is pertinent to mention here that former Pakistan president Pervez Musharraf, Muttahida Qaumi Movement-London chief Altaf Hussain, the then home adviser Waseem Akhtar, the then home secretary Ghulam Mohammad Mohtram, the then interior secretary, the then Sindh Rangers director general, the then provincial inspector general of police Niaz Siddiqui, the then Capital City Police officer Azhar Farooqui and the then City Courts police station’s station house officer have been named as respondents in the petition.

Hearing the petition seeking a judicial inquiry into the incident, the SHC’s division bench on June 1 had directed the prosecutor general to file details of the cases against the people involved in the violence and the present status of their trial proceedings. The bench observed that court proceedings were also paralysed due to the May 12 mayhem, and inquired as to what action was taken against the people who were involved in the obstruction of the justice system.

The SHC appointed advocates Faisal Siddiqui and Shahab Sarki as amicus curiae to assist the court in the matter. The court was informed by the counsels that a larger bench of the high court was hearing the May 12 case.

They said the proceedings could not be concluded due to the imposition of a provisional constitutional order (PCO) in November 2007, adding that the matter was later disposed of by another bench during the PCO, and now the matter was pending since then for revisiting the court orders. The court adjourned the hearing until June 6 and directed the counsels to assist the court on the petition. A suo motu notice was taken of the riots on the report of the SHC incharge registrar that was submitted before the then high court chief justice Sabihuddin Ahmed.