HRCP barred from Akhtar’s trial

Published January 21, 2007

KARACHI, Jan 20: The judge of an anti-terrorism court on Saturday disallowed the Human Rights Commission of Pakistan (HRCP) from observing the proceedings of a case against former chief minister of Balochistan Akhtar Mengal being tried on charges of taking two security agents hostage.

HRCP secretary-general Iqbal Haider said at a press conference at his office here that the judge who had allowed one out of five nominated members of the commission to witness proceeding of the case on Jan 5 had denied him entry into the court in the prison hours before the day’s hearing started.

“The learned judge had designated five of our officials, including me, and allowed on Jan 5 that one of those could sit and observe the trial but the permission was withdrawn quite abruptly,” Mr Haider said.

He said when he contacted the jail superintendent on Saturday before proceeding to the jail the latter said he had orders not to allow anyone to observe the trial.

Mr Haider said he than met the judge of the Antiterrorism Court No5, who confirmed that the permission granted to the HRCP for observing the trial had been cancelled by him.

“We were told that the permission had been withdrawn under Article 21 of the Anti-Terrorism Act, 1997," said Mr Haider.

He read out the article, which states: “Proceedings may be held in camera or under restricted entry of members of the public, where necessary for the protection of the judge, witnesses or a victim’s family members or to prevent persons from crowding or storming the court to intimidate the judge or to create a threatening atmosphere.”

He said none of such events or situation had ever arisen on any date of hearing of the case.

“Hence there is no justification for holding trial inside the prison in camera and denying presence of even observers of the HRCP,” he said.

He emphasised that an open and fair trial was the universal pre-condition for dispensation of justice in letter and in spirit. “It is not only in the interest of justice but also in the interest of the government to allow trials in open courts,” he said.

“Why the authorities are making an ordinary case against Mr Mengal a big issue,” he asked, adding that after the murder of former governor Akbar Bugti, harassment and victimisation of the family of nationalist leader Attaullah Mengal and other leaders and workers of the Balochistan National Party would only aggravate the feeling of deprivation, injustice and insecurity among the leaders and people of the province, who were as much Pakistanis as the people of any other province.

He said the HRCP was against the jail trial and it condemned all such actions.

He said Mr Mengal’s lawyer Azizullah Shaikh had moved a petition with the court praying for restoration of the orders allowing an HRCP official to observe the proceedings.

He called on the authorities to shun ‘antagonising’ the Baloch people, saying that it could lead to a more difficult situation.

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