"Save Country, not government", CJ blasts AGS on Ajmal Pahari report

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Chief Justice of Pakistan Justice Iftikhar M. Chaudhary

The Supreme Court on Tuesday noting the shortage of judges in Sindh province asked Advocate General Sindh to issue orders for appointment of anti-terrorism and banking courts judges within two days. Chief Justice Iftikhar Muhammad Chaudhry, who heads a five-judge special bench hearing a suo motu case on target killings in the city, remarked that the report of the joint investigation team on Ajmal Pahari raised questions about national sovereignty. The CJP asked from AGS whether he wanted to save the government or the country. “What should be saved, the country or the government, CJP said. He said, “It seems from your talk that you are trying to give linguistic colour to Karachi situation. Violence in Karachi should not be given linguistic colour. Report about Ajmal Pahari is an eye opener.”

Ajmal Pahari (MQM-A) who target killed 100 people in Karachi

The CJ also questioned what measures IG Sindh had taken after the report, since it contained information regarding the organization (MQM-A) Pahari was affiliated with. He remarked that Karachi was the economic hub of Pakistan and the country could not progress unless the city was secure. Justice Ghulam Rabbani asked if no action was to be taken, why were the joint investigation teams formed. The five-member special bench of the SC comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Anwar Zaheer Jamali, Justice Sarmad Jalal Usmani, Justice Amer Hani Muslim and Justice Ghulam Rabbani asked the advocate general why judges were not appointed even after the recommendations by the Sindh High Court Chief Justice in 2009 and 2011. The Chief Justice asked the Advocate General Sindh Abdul Fateh Malik and IG Sindh Wajid Durrani if they had read report about Ajmal Pahari.

AGS informed the apex court that footage of torture cells could be shown in chambers and not in the court as it contained some objectionable material. Justice Amir Hani Muslim inquired from IG Sindh if challan of accused Madhuri had been presented in the court. Upon which IG Sindh replied that Kamran Madhuri was arrested in injured condition and he was undergoing treatment. One of his hands is mutilated, he further said. Justice Amir Hani Muslim ordered IG Sindh to present challan along with medical report of Kamran Madhuri in the court. CJP remarked Sindh government wanted to induct his favourite judges in eight anti-terrorism courts (ATC) as no judge had been appointed therein for the last two years. SC also summoned Sindh Law Secretary immediately. Justice Anwar Jamali asked AGS what the government was doing if the posts of ATC judges for lying vacant for the last two years.

AGS told apex court that judges would be appointed in ATCs within three days. But CJP ordered these appointments be made within two days and notification be issued. Sindh Chief Justice had proposed the names in this respect and all the judges proposed by him were honest, he remarked. Chief Justice said the city was bleeding but nothing had been done to stop the killings. He asked from AGS why the killers of 306 persons had not been arrested. AGS requested the court that he should be given 15 minutes for his defence and clarify his position. CJP said, “We want to hear a lot from you and ample time will be given to you.” He said the advocate general was hiding many details. The CJP said that if foreign elements were involved in the violence in Karachi, why had the federal government and the provincial government not taken any action against the people working for those elements.

Giving her arguments before larger bench President Supreme Court Bar Association (SCBA) Asma Jahangir said MQM had introduced the culture of extortion and it was still involved in this practice. MQM had been deteriorating the situation for the last 10 years but no action had been taken against the organisation, she added. She said everyone knew who was behind Wali Babar murder, Rangers investigated the accused but police did not share it, she submitted. Interference of army in government affairs was not acceptable in any circumstances, she pleaded. She said MQM, ANP, Sunni Tehrik, Shaheed Bhutto and Sipah-e-Sahaba were extortionists. Media role was very poor. CJP said in his remarks that lawyers should assist the court. “We hope lawyers’ community will help us after conducing research,” he further remarked. “How the government exercised its influence and how it controlled the situation in UK,” he said.

( The Nation )

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