Judge berates IO for treating Section 144 violation as ‘act of terrorism’

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Citizens celebrate Sindh Culture Day in Karachi on December 7. — DawnNewsTV/File
Citizens celebrate Sindh Culture Day in Karachi on December 7. — DawnNewsTV/File

• Orders removal of Section 7 of ATA after police register terrorism case against participants of Sindhi Culture Day rally

• Magistrate remands 12 suspects in police custody for one day

KARACHI: The administrative judge of the anti-terrorism courts (ATC) on Monday removed the provision of the Anti-Terrorism Act (ATA) invoked by the Karachi police in an FIR registered against hundreds of participants of a Sindhi Culture Day rally that turned violent on Sharea Faisal on Sunday.

Police had on Sunday resorted to tear gas shelling to prevent participants of the rally from moving towards the Red Zone via Sharea Faisal in violation of a ban on gatherings due to the imposition of Section 144 of the criminal procedure code (CrPC). The law enforcers detained 45 people, but released 33 of them.

Later, a case was registered against 12 held individuals and “300-400” unidentified individuals on behalf of the state under Sections 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 341 (wrongful restraint), 144 (joining unlawful assembly armed with deadly weapon), 324 (attempted murder), 186 (obstructing public servants), 353 (assault or criminal force to deter public servant), 427 (mischief causing damage) and 34 (common intention) of the Pakistan Penal Code read with Section 7 (punishment for acts of terrorism) of the ATA at the Saddar police station.

On Monday, the investigating officer (IO) of the case brought the suspects before the administrative judge of the ATCs for remand.

However, the administrative judge came down hard on police for invoking the ATA in the FIR and questioned as to how the IO declared it an act of terrorism when the case was a mere violation of a ban on gatherings under Section 144 of the criminal procedure code.

After hearing the IO, prosecutor and defence counsel at some length, the administrative judge removed the ATA provision from the FIR.

The judge observed that the IO had failed to satisfy the court on the subject issue, and referred the matter to the area magistrate.

Magistrate questions insertion of attempted murder charge

Thereafter, the IO produced the 12 suspects before a judicial magistrate (South), who also questioned the insertion of Section 324 (attempted murder) of the PPC in the FIR.

The IO requested the magistrate to grant at least one- or two-day remand of the suspects on the ground that the case was registered some hours ago and he has to record statements of witnesses.

The defence counsel argued that no one was wounded in the protest and no weapon was recovered from their clients, who were staging a peaceful rally to mark the culture day.

The counsel requested the court to discharge the 12 suspects.

After hearing both sides, the magistrate remanded the suspects in police custody for one day and directed the IO to produce them again on Tuesday (today) along with a progress report. Earlier, the complainant, Inspector Abdul Majeed Abro, said that he and other police personnel were present near the FTC flyover on Sharae Faisal at 2:30pm on Sunday when a rally, consisting of around 300-400 people on motorcycles and cars, appeared from the direction of the airport, heading toward Saddar.

“Keeping in view the ban on gatherings due to the imposition of Section 144 in the province, police personnel attempted to stop the participants of the rally,” he said. However, the participants of the rally blocked the main thoroughfare on both sides and began pelting police with stones while also opening fire, he said.

He stated that they also damaged cars that were passing by, including a rescue ambulance and a police mobile, adding that they were also shouting “anti-state” slogans.

“Subsequently, police personnel, with the help of officers present on the scene, fired tear gas at the participants to prevent them from damaging property,” he stated in the FIR.

Published in Dawn, December 9th, 2025

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