ISLAMABAD, Dec 5: The Supreme Court on Monday issued notices to the Attorney-General and the advocates-general of provinces to appear before a three-judge bench and explain what measures the government had taken so far for the implementation of guidelines issued by the apex court for expeditious disposal of terrorism cases.

Chief Justice Irshad Hasan Khan in a notice directed the Attorney-General and advocates-general of the NWFP, Punjab, Balochistan and Sindh to appear before the bench on Jan 3, 2002.

The law officers have been directed to file reports on Jan 1, detailing the progress so far made in the implementation of the suo motu directive by the Chief Justice for regulating the trials under the anti-terrorism law.

The apex court has also asked the vice chairman, Pakistan Bar Council; president, Supreme Court Bar Association; vice chairmen of Punjab, NWFP, Balochistan and Sindh Bar Councils; presidents of all High Court Bar Associations to file precise and specific written suggestions, if any, in the matter by Jan 1, and also personally appear and assist the court on the next date of hearing.

Chief Justice Irshad Hasan Khan on Sept 13, 2001, had nominated a senior judge for monitoring the implementation of the guidelines laid down by the Supreme Court in the case of Liaquat Hussain versus the Federation of Pakistan.

The senior judge after examining the whole system of prosecution, reported to the chief justice who had issued the following directives:

i) The police department will arrange to depute qualified and experienced investigators to conduct investigations in a fair and transparent manner.

ii) The investigations should not be transferred from one investigation officer to another in routine but a proper mechanism shall be devised for the purpose in order to check the tendency of causing delay in trials through frequent change in investigations on frivolous grounds and false pretexts.

iii) The police department will explore the possibility of engaging retired experienced PDSPs, PIs and PSIs for carrying out investigations.

iv) Arrangements shall be made to have the investigating officers fully trained in the latest techniques of detection/ investigation in terrorism/sectarian cases.

V) The investigating office and area magistrate shall ensure compliance with the procedural requirement laid down by the superior courts including timely completion of identification parade and recording of the statement of witnesses.

VI) The provincial government shall consider constituting a committee of special investigators comprising qualified experienced and dedicated officers to carry out investigations all over the province under the direct supervision of a senior police officer.

vii) The relevant provisions of law and the judgment of the superior courts shall be followed while collecting corroborative evidence in respect of recovery of weapons/other items.

viii) The police department will ensure that investigations are carried out in a transparent manner and investigating officer is made accountable in case of any deliberate delay or negligence or fabricating evidence.

ix) It must be ensured that challans are submitted within the specified period.

x) Arrangements shall be made to ensure the timely production of the witnesses in the court so as to avoid adjournment and ensure expeditious disposal of cases.

xi) The present system of appointment of defence counsel by the court on a meagre fee is unsatisfactory and a cause of delay/miscarriage of justice, therefore, well-known and renowned defence lawyers should be appointed. For this purpose appropriate funds be provided to the high court.

xii) The law should be suitably amended so that in cases where the defence counsel appointed by the court is not acceptable to the accused, the trial may proceed without the assistance of such counsel and the accused may cross examine the witness and be responsible for the consequences. The anti-terrorism court shall handle such cases with care and caution so as to avoid undue delays and ensure compliance with procedural requirements in accordance with law.

The services of qualified staff, duly appointed on merit after advertisement and following transparent recruitment procedure, must be made available to the anti-terrorism courts and for this purpose, necessary funds be made available to the high courts.