Maintainability of petition: SHC reserves judgment in May 12 mayhem case

KARACHI: The Sindh High Court on Monday reserved judgment on maintainability of a petition seeking judicial inquiry over the May 12, 2007 court siege and mayhem after hearing the concluding arguments of counsel.

More than 50 people were killed on May 12, 2007, in different parts of the city in violence and armed attacks on political parties and lawyers’ rallies to welcome the then chief justice of Pakistan Iftikhar Chaudhry. The petitioner, Iqbal Kazmi, who earlier had withdrawn his petition on November 19, 2007, had approached the court again after the restoration of the pre-November 3, 2007, judiciary for reopening of the May 12 case and constitution of larger bench to hear the case.

The Amicus curiae Faisal Siddiqui, Shahab Sarki and senior counsel Rasheed A Razvi submitted that high court can constitute commission or order probe over the May 12 mayhem in the public interest so such incidents could not be repeated. They submitted that rights of the people including lawyers judges have been violated and judges were obstructed from performing their duties. They submitted that the seven member bench of the high court was probing the May 12 incidents which could not conclude its proceedings due to imposition of Provisional Constitution Order and later on five member bench dismissed the proceedings without addressing the issue of denial of public rights to access to the justice and obstruction in the judicial process. They suggested that a fact finding commission should be formed to fix the responsibility on official respondents for criminal negligence a well as witnesses of the May 12 related cases should be provided protection under the witness protection laws.

The SHC’s division bench headed by Justice Mohammad Iqbal Kalhoro after hearing the arguments of the counsel reserved the judgment on maintainability of the petition and asked the counsel to submit their written synopsis if any before the court within a week.