KARACHI, Nov 29: The office of the Sindh Prosecutor General has been lying vacant since Nov 4, with the result that applications seeking the withdrawal of over 1,300 criminal cases against Muttahida Qaumi Movement (MQM) leaders and activists under the National Reconciliation Ordinance (NRO) have so far not been moved in the courts concerned, Dawn has learnt.
Under the NRO, withdrawal applications were to be filed in the relevant courts by state attorneys such as district attorneys and their deputies, after having obtained approval letters for each case issued by the office of the Sindh Prosecutor General.
Since the elevation of Dr Rana Mohammed Shamim to the Sindh High Court on Nov 4, however, the post of the SPG has been lying vacant. Mr Shamim was appointed to the SPG post on May 16 this year.
Sources told Dawn that the MQM cases were approved for withdrawal on Nov 2 by the former provincial chief minister, Dr Arbab Ghulam Rahim, but progress subsequently came to a halt since a new Sindh Prosecutor General was yet to be appointed.
MQM leader Shoaib Bukhari commented that the withdrawal process was being delayed due to the absence of the SPG. “The SPG is to direct prosecutors to move the applications for the withdrawal of cases in the courts concerned, which will then pass the formal orders,” he explained.
A review board, formed on Oct 9 by the Sindh government under the NRO, had recommended the cases for withdrawal after close scrutiny. These included 1,280 cases in Karachi, 40 from Mirpurkhas and 10 from Hyderabad.
Headed by Justice (retd) Dr Ghaus Mohammed and comprising Sindh Law Secretary Ghulam Nabi and an officiating advocate-general as members, the board is currently examining other cases to recommend to the caretaker CM for withdrawal. Justice (retd) Ghaus Mohammed told Dawn that the board had not received any further cases for scrutiny. “There are only the 30 to 40 cases that we are examining at the moment,” he explained.
Sources said that the former SPG had issued several approval letters by Nov 3, his last day in office before being appointed to the SHC. They added that these letters were also sent to the prosecutors concerned while copies were dispatched to the relevant police stations.
Several of the cases approved for withdrawal involved leaders of the MQM, including its self-exiled chief Altaf Hussain.
Under Sub-section 3 of Section 2 of the National Reconciliation Ordinance, the review board is empowered to look into the entire record of the cases pending against any person, including an absconding accused found to have been falsely involved for political reasons or as a result of political victimisation. The board may review any case initiated between Jan 1, 1986, and Oct 12, 1999, and furnish recommendations to the government of Sindh regarding their withdrawal from prosecution or otherwise.
Home Secretary Brig (retd) Ghulam Mohammed Mohtaram told Dawn that the administrative process regarding the withdrawal of cases was nearly complete. “We are just waiting for the Supreme Court ruling on the NRO to proceed with the cases in the concerned courts,” he said. In case the Supreme Court declares the NRO null and void, the withdrawn cases will automatically be restored for trial under the law.
