KARACHI: Withdrawal of 1,800 cases recommended under NRO
KARACHI, Oct 26: More than 1,800 cases, involving leaders and workers of the Muttahida Qaumi Movement, have been recommended for withdrawal by the office of the Sindh Criminal Prosecution Service to the Review Board constituted under the National Reconciliation Ordinance, it was learnt on Friday.
Well-placed sources told Dawn that the SCPS had received over 2,400 criminal cases from the home department for its recommendation during the current week. They said the majority of the cases were against the leaders and workers of the coalition partners in the Sindh government.
When asked about the withdrawal of cases against party men, MQM leader Shoaib Bukhari said: “I can neither confirm nor deny the report”.
The sources said the Review Board, headed by Justice (Retd) Dr Ghaus Mohammed and comprising Sindh Law Secretary Ghulam Nabi Shah and Advocate-General Khwaja Naveed Ahmed as members, would submit its report for the withdrawal of the cases to the chief minister in a couple of days.
They said the chief minister, the final authority to withdraw the cases under the NRO, could not issue directives for the withdrawal of cases until the apex court upheld the ordinance.
Mr Naveed Ahmed told Dawn that the cases were still being scrutinised by the review board. “At least 355 criminal cases have been rejected for withdrawal as they have nothing to do with political activities,” he added.
The advocate-general said the cases would be withdrawn only if the apex court upheld the NRO.
Sindh Prosecutor-General Rana Shamim Ahmed told Dawn that most of the cases rejected for withdrawal involved heinous crimes such as robbery, attempt to murder and murder. “Suspects have been named in the FIRs of these cases,” he added.He, however, said the majority of the cases rejected for withdrawal involved suspects who claimed to be workers of the Muttahida Qaumi Movement.
Answering a question, the prosecutor-general explained that the provision of withdrawal from prosecution of the accused was already there under Section 494 of the Criminal Procedure Code.
He said under the CrPC any prosecutor might withdraw from prosecution in a criminal case with the consent of the court. “If the withdrawal is made before charges have been framed, the accused will be discharged in respect of such an offence or offences, and if it is made after the indictment, the accused will be acquitted in respect of such an offence or offences,” he explained.
Mr Shamim said the consent of court was not required under the NRO for the withdrawal of the case against the under-trial or absconding accused.
The prosecutor-general said the provincial government had so far sent over 2,400 criminal cases to the Review Board for withdrawal. “The board has rejected 355 cases for withdrawal,” he added.
He said he received the cases for review from the home department from Oct 19 to 23. “Around 1,800 cases have been recommended by the SCPS to the home department for withdrawal.”
It is worth noting that MQM MNA Haider Abbas Rizvi is also reported to have said that the Sindh government had already withdrawn 500 criminal cases against the party men before the promulgation of the NRO.