January 15, 2008	Tuesday	Muharram 05, 1429

The police are merely lodging cases without looking into facts whether statement under Section 154 Cr.PC on behalf of the state or private complainant fall under ATA offence, criminal lawyers say.

Information available with Dawn reveals that as per safe estimates, around 1,000 cases had been lodged in 12 districts and reported to ATC judge Akhlaq Hussain Larik.

There is only one ATC judge to deal with the ATA cases that are normally lodged in the districts of the defunct divisions of Hyderabad and Mirpurkhas.

Sources said that the establishment of a separate ATC was not likely, though a proposal was pending for around two years. The Sindh government had itself admitted that another ATC judge should be appointed to deal with the cases of the two defunct divisions.

“The proposal of the Sindh High Court was also accepted by the provincial government in this regard [but] a proper place could not be found which has delayed the establishment of another ATC,” said a source.

A huge rush could be seen at the ATC located in GOR colony where the accused of fresh ATA cases were being brought for obtaining remand. The accused, including political activists, mostly of the PPP, were approaching the court for seeking pre-arrest bails.

When the ATCs were established during the Nawaz Sharif-led government in 1997, it was made mandatory under Anti-Terrorism Act 1997 that the trial of a case would be concluded within seven days after charges are framed against accused.

But according to court sources, following a ruling by the High Court it was left to the ATC judge to extend the time if trial was not concluded within seven days.

A trial under the ATA requires submission of a charge-sheet against an accused by police and then ATC issues warrants, including non-bailable ones, against the accused.

Then comes recording of statement of court officials taking court notices to the resident of an accused if accused remains untraceable.

The court issues a proclamation against accused in question, declaring him proclaimed offender through advertisements in newspapers. Then it frames charges against arrested accused while separating case of absconders.

“The issuance of proclamation can take from one month to six months and even one year,” said a court source. The period of seven-day commences once the charge is framed.

At the outset of trial, the court has to record statement of complainant which is followed by statements of witnesses, both defence and prosecution.

Finally arguments and counter arguments are advanced by prosecution and defence sides before the court reserves the verdict for pronouncement.

Under the apex court's ruling, the ATA has to conclude trial of the case it chooses notwithstanding pending of other cases that are filed afterwards.

Currently a few cases are already pending with ATC Hyderabad that are to be heard first before these countless arson and loot cases fall in line.

In each case of arsons and loot, the police have booked hundreds of unidentified people whose figure ranges from 400 to 5,000. Some accused are nominated and that too on the basis of their affiliation with certain political parties.

Even police are totally bogged down because they are just bringing accused for seeking police or judicial custody remand without showing any evidence or recovery against them. With the result that in some cases the court has released accused at the stage of remand without holding a trial.

“Mostly allegations do not constitute offence under 6/7 ATA. Only vague allegations have been levelled,” said a criminal lawyer, Allah Bachayo Soomro.

Court sources believed a number of cases would be disposed of as A-class due to negligence of police.

Many other cases might be transferred to sessions court for trial given the fact that the police remained least concerned about contents of FIRs that essentially proves commission of an ATA offence.

In various cases, the police did not show commission of ATA offence therefore they are likely to be heard by sessions court judges.

Even if all these 1,000 FIRs meet provision of ATA and the judge disposes of at least two to three cases in a month, then it will take him around 333 days to decide all these cases.