SHC rejects police reports on May 12 violence

KARACHI: The Sindh High Court (SHC) on Friday expressed dissatisfaction over the police reports on the cases regarding the May 12 riots, and reordered the provincial prosecutor general to submit a detailed report on the criminal proceedings against the people involved in the violence.

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 Iftikhar Chaudhry, who was visiting the city to attend the Sindh High Court Bar Association’s golden jubilee celebrations.

Hearing the petition seeking a judicial inquiry into the incident, the SHC’s division bench headed by Justice Mohammad Iqbal Kalhoro said the prosecutor general had not filed a complete report in accordance with the court’s orders.

Kalhoro said the report lacked information about many aspects, and directed the prosecutor general to file the details of the cases against the people involved in the violence as well as the present status of their trial proceedings.

The bench had earlier 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.

Amicus curiae (friend of the court) Faisal Siddiqui put three issues before the court: to determine if people were denied access to justice on May 12, 2007; if so, who is responsible for such denial; to determine if public officials committed criminal negligence by not preventing the riots; if so, what will be the consequences according to the law and to determine criminal liability of the accused involved in the incidents of the day. The court directed him to argue the maintainability of the petition.

The counsel said he will file a concise statement with the relevant details. The court then adjourned the hearing until August 6 and directed the office to attach the connected documents of the case in the meantime.

The May 12 mayhem proceedings could not be concluded due to the imposition of a provisional constitutional order (PCO) in November 2007, and the matter was later disposed of by another bench during the PCO, and it is pending since then for revisiting the court orders.

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.

The registrar said the SHC and the city court buildings were surrounded by a mob, and they were stopping everyone from entering the courts’ premises.

The report said that because of the blockade of roads and the siege of the high court premises, a number of judges also faced hardships, which was evident from the letters of protocol officers of judges, including Justice Azizullah M Memon, Justice Maqbool Baqar, Justice Mohammad Athar Saeed and Justice Yasmeen Abbasey, and information communicated by the driver of Justice (retd) Sajjad Ali Shah.

The SHC reconstituted a five-member bench, which dismissed the suo motu petition regarding the siege of the high court and the city courts buildings as “not maintainable”.

The bench observed that the court, under Article 199, cannot assume the role of an investigator, and can only issue directions to expedite investigations and proceed in accordance with the law.