KARACHI: While expressing grave concerns over the growing high-handedness of police in an alleged case of shoot-outs, the administrative judge of the antiterrorism courts directed the head of the law-enforcement agency on Saturday to conduct an internal inquiry into the incidents and submit a report within 15 days.

The court deplored that 65 such cases had been reported during the last one-and-a half months, in which suspects were mostly shot in the legs during, as police claimed, the dark of the night. This depicted the high-handedness of law-enforcement agencies as many of the victims were found to be drug addicts.

The court said the suspects, who were produced for remand, said that they were fired at after their arrest.

The court order further stated that state functionaries under the Constitution were responsible to provide protection, safety to life, honour, prestige and property of all citizens.

The court observed that the law-enforcement agencies, particularly police, were exercising powers under Section 5(2) of the Anti-Terrorism Act, 1997, but the third proviso of the same section said that all cases of firing, which resulted in death or grievous injury, should be reviewed by an internal inquiry committee constituted by the head of the law-enforcement body.

“Suffice it to say that frequent grievous hurts by using firearm weapons would certainly create horrible and far-reaching consequences, inasmuch as, the law-enforcement agencies cannot be given a licence to kill or cause grievous hurt indiscriminately to any persons, who are allegedly involved in police encounter. Such act of the law-enforcement agencies would amount to legalising alleged police encounter/extrajudicial killings under the garb of [exercise] of powers by a police officer,” it added.

The administrative judge of the ATCs in Karachi further said that the superintendent of the central prison had also shown grave concerns about the physical condition of such suspects and informed the court that jail wards were filled with injured suspects.

For the supremacy and implementation of the provisions of the Constitution and the ATA, the court said, it had become indispensable that the head of the law-enforcement agency conduct an internal inquiry through a committee and submit the inquiry report in court within 15 days.

The court order with the details of 65 cases was transmitted to the provincial police officer for strict compliance.

On Feb 9 the same court had ordered a senior superintendent of police to hold an inquiry into an alleged staged shoot-out after police had booked Iqbal under the anti-terror law for allegedly engaging in an encounter within the Shahrah-i-Noorjahan police limits and claimed to have arrested him in wounded condition.

According to the details of the 65 cases, over 80 wounded suspects were shown arrested since Dec 29, 2016.

Five such cases were lodged at the Mominabad police station, three cases each at the Pakistan Bazaar, Pirabad, Landhi and Shahrah-i-Noorjahan and two cases each were lodged at Sharea Faisal, Shershah, Orangi Town, New Karachi, Chakiwara, Iqbal Market, Zaman Town, Azizabad, Jauharabad, North Nazimabad, Defence, Awami Colony, Supermarket and Taimuria police stations.

One case each was registered at the Baghdadi, Liaquatabad, Kalakot, Gizri, Gulberg, Bilal Colony, Gulistan-i-Jauhar, Sachal, Gulshan-i-Iqbal, Aziz Bhatti, Ittehad Town, Soldier Bazaar, Saudabad, F.B. Area, Paposh Nagar, Madinah Colony, Sir Syed, SITE-B and Preedy police stations.

Police had lodged the cases against the suspects under Sections 324 (attempt to commit murder) and 353 (criminal assault to deter public servant from discharge of his duty) of the Pakistan Penal Code read with Section 7 of the Anti-Terrorism Act, 1997.

Published in Dawn, February 12th, 2017

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