SC orders appointment of administrative judge for anti-terrorism courts

KARACHI: Monitoring judge of Supreme Court Justice Amir Hani Muslim on Tuesday ordered appointment of administrative judge of anti-terrorism court to deal with the transfer of anti terrorism cases and other administrative issues.
Presiding over a meeting held to review the progress of ATC at Supreme Court Karachi Registry, the monitoring judge observed that there were serious complaints regarding transfer of anti-terrorism cases due to non-availability of administrative judge of ATCs whereas presiding officers of the ATCs have been made as administrative judges in different districts of the Karachi.
The monitoring judge ordered that Chief Justice of Sindh High Court shall recommend the name of the administrative judge for principle seat in term of section 13(4) of the Anti-Terrorism Act and Sindh government shall issue the required notification for his appointment without any delay.
The monitoring judge observed that three other judicial officers have been recommended by the Chief Justice Sindh High Court for the Anti-Terrorism Courts of the Province and the summary floated by the concerned department is pending with the Chief Minister’s office. Justice Hani directed the home department to request the Principal Secretary to Chief Minister to ensure the process is expedited and the notification of the judicial officers is issued immediately so that the Anti-Terrorism Courts do not suffer.
The IG Sindh was also directed that juvenile inmates shall not be transported in a prison van occupied by adult inmates to different courts in the province and separate vans shall be provided by IG Sindh for transportation of juvenile under trial prisoners to trial courts.
The judges of ATCs informed the meeting that charge sheets of the cases were not filed by the investigation officer within stipulated time and same was filed without FSL, Chemical Examiner Report and or permission of the Home Department in terms of Section 7 of the Explosive Substance Act.
The monitoring judge observed that on one hand the government stated that Anti-Terrorism Courts should decide the matters expeditiously while on the other hand concerned departments fail to discharge their duties.
The SC judge, who also visited the ATC and met under trial prisoners, observed that inmates complained that their challans have not been submitted before the courts and the investigation officers demanded money for submission of the challans.
The monitoring judge took exception over delay in filing of charge sheet for months and observed that such delay was first hurdle the Anti-Terrorism Courts face in proceeding with the matters expeditiously. The Prosecutor General was directed to ensure that challans are not submitted without FSL, Chemical examiner report or the permission of the Home Secretary. Likewise the I.G. Police shall ensure that investigating agency submit challan along with required necessary documents without any loss of time.
Taking notice over the complaints with regard to prosecution agency in ATCs Karachi, which is being headed by a Sub-Inspector in defiance of the earlier directions, the SC judge ordered that prosecution agency shall be headed by the DSP and proper staff shall be provided by the IG Sindh forthwith.
The IG Prison submitted that all inmates who are required to be tried by the different Anti-Terrorism Courts, which include Khairpur, Hyderabad, Sukkur, Larkana, Shikarpur and Kashmore, their custody has been ordered to be transferred for production before the concerned Anti-Terrorism Courts. He further submitted that custody have not been transferred because of the local police. The IG Sindh was directed to ensure that the custody of all such inmates is transported to the relevant prisons according to the Rules immediately after Ashura without further delay and report compliance.
On complaints regarding Chemical Examiner and the in charge FSL, the monitoring judge directed the Secretary Health to examine the issue of delay in handing over the reports by the Chemical Examiner. The secretary health was also directed to ensure that the person qualifying for the office should be posted as Chemical Examiner. The IG Sindh was also directed that to ensure that FSL reports shall be submitted along with the challans. The Home Secretary was also directed to ensure that necessary permission (sanction for prosecution) shall be given without loss of time.
The meeting was informed by the Home Secretary that the scheme of constructing Anti-Terrorism Courts at Central Prison Karachi was assigned to the Project Director (Police and Prison).
The monitoring judge inquired the home secretary that such scheme was contrary to the language of Sindh government Rules of Business, 1986. The Home Secretary and the Secretary Works when confronted, they conceded that under the Rules of Business there was no concept of Project Director of Police/Prison as the execution of all the schemes and projects under the Rules of Business falls within the domain of the Works & Services Department.
The monitoring judge directed that scheme of construction of Anti-Terrorism Courts be transferred to the Works Department immediately now this scheme stands transferred to the Works Department which shall execute the scheme.
The Chief Engineer of Works department was directed to ensure that a strong room is constructed along side a reasonable sized room with bath room for the use of police officials, who perform security duties in Anti-Terrorism Courts, Karachi. Besides, the Chief Engineer shall ensure that electric water coolers/machines are installed in both the Bakhshi Khanas as well as in the visitor shed with proper installation forthwith.
The monitoring judge also directed Managing Director of Karachi Water and Sewerage Board to ensure that Water Board shall provide two tankers of 3000 Gallons everyday to the Anti-Terrorism Courts to meet the shortfall. MD KWSB undertook to provide additional water connection to the Anti-Terrorism Courts, for which appropriate application shall immediately be made by the Chief Engineer Buildings to the Water Board, which shall be processed expeditiously and the water connection shall be sanctioned in accordance with the established practice.
The monitoring judge also directed that repair and maintenance work in other ATCs of the province shall be completed and Finance Department shall immediately release the required funds for the repairs and maintenance of the courts.
The meeting was attended by Justice Sajjad Ali Shah of Sindh High Court, Registrar of SHC Zafar Ahmed Khan Sherwani, Presiding officer of ATC-I Bashir Ahmed Khoso, Prosecutor General Sher Mohammad Sheikh, Additional Chief Secretary Home Department Mukhtar Hussain Soomro, Secretary Finance Mohammad Sohail Rajput, IG Sindh Ghulam Haider Jamali, IG Prison Nusrat Hussain Mangan, MD KWSB Misbahuddin Fareed and other government officers.