KARACHI: The Sindh High Court on Monday dismissed a set of petitions moved by around 30 prisoners, convicted under the Anti-Terrorism Act, seeking remissions in their sentences.

The petitioners moved the SHC from 2009 to 2014 contending that the amendments made in Section 21-F of the ATA in 2001 and Sub-section (i) of Section 401 of the Criminal Procedure Code in 2005 restricted the convicts tried and sentenced under the ATA from all sorts of remission and that the same were against some provisions of the Constitution.

A three-judge bench headed by Justice Mohammad Iqbal Kalhoro dismissed the petitions with and an observation that such amendments were not against articles 4, 12, 13, 25 and any other provisions of the Constitution.

However, the bench observed that since the remissions were not available for those convicted under the ATA for heinous crimes, the anti-terrorism courts must exercise great care and caution while deciding whether the cases pending before them came within the ambit of sections 6 and 7 of the ATA, adding that those cases not falling under this law should be tried by the ordinary courts.

Reserves order on a petition seeking to make public the JIT reports of high-profile criminal cases

Earlier, the counsel for the petitioners submitted that the amendments were inconsistent with Article 8 and in violation of Article 12(b) and Article 25 of the Constitution and said that the amendments were required to be declared ultra vires of the Constitution.

They further contended the amended sections had taken away their legitimate right of remission, which was a clear violation of Article 25 of the Constitution and also pleaded that the prisoners charged and convicted under the ATA and who possessed good conduct may also be allowed parole under the Good Conduct Prisoners Probation (Release) Act, 1926.

Order reserved

A two-judge bench of the SHC on Monday reserved its order on a petition seeking to make public the joint investigation team (JIT) reports of the Baldia factory fire, Uzair Jan Baloch and other high-profile criminal cases.

Pakistan Tehreek-i-Insaf (PTI) leader Syed Ali Zaidi, now a federal minister, had petitioned the high court in 2017 and submitted that the Sindh Transparency and Right to Information Law, 2011 had been passed by the provincial assembly which allowed every citizen the right to information.

After hearing arguments from both sides, a two-judge bench of SHC headed by Justice Mohammad Iqbal Kalhoro reserved the order.

The petitioner submitted that the JIT reports had made startling disclosures about the involvement of politicians in crimes such as murder and extortion, adding that the relevant authorities were approached to obtain copies of the JIT reports of the Baldia factory fire incident, alleged crimes of Lyari gang leader Uzair Baloch and former chairperson of the Fishermen Cooperative Society Nisar Morai and to make them public, but to no avail.

He further contended that Uzair, who is facing trial before a military court on charges of espionage, had confessed his association with the Pakistan Peoples Party’s central leadership.

The petitioner further alleged that besides admitting to pay extortion amounts, the alleged Lyari gangster had also confessed before the JIT to having killed several people allegedly on the directives of the party’s leadership as well as facilitating them in having private lands and properties vacated by threatening property owners.

Referring to Article 19-A of the Constitution, the PTI leader asserted that the provincial and federal governments’ failure to publish such JIT reports was also a violation of the citizens’ right to information. “The very purpose of constituting these JITs, ie to uncover the truth of these crimes, stands defeated if the reports are kept secret,” the petitioner maintained.

Published in Dawn, September 17th, 2019