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KARACHI, Aug 23: The Sindh High Court has directed the provincial government to examine the feasibility of appointing an advocate in each court at the taluka level to represent accused who are poor or held incommunicado.
Disposing of a review application by a jailed convict who said he could not hire a lawyer at the appellate stage and was not heard properly in person, a division bench consisting of Justices Mohammad Afzal Soomro and Rahmat Hussain Jaffri desired that the government should ‘very seriously consider’ preparing and implementing a scheme for free legal assistance to indigent accused at every stage of the case right from remand.
Pending the formulation and implementation of the scheme, the government should appoint one lawyer for each court at the taluka level and a few lawyers at the district level to conduct cases of the accused that are too poor to engage counsel or are being held incommunicado.
Till the appointment of defence lawyers by the government, the bench directed the magistrates and presiding officers of trial courts to immediately appoint defence counsel at the state expense to be equitably fixed by them.
It said the state was required to pay for defence counsel because it prosecuted offenders and set in motion the legal process which might deprive an individual of his liberty or life. Under Article 4 of the Constitution, ‘to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen and of every other person for the time being in Pakistan’. And Article 9 declares that ‘no person shall be deprived of life or liberty save in accordance with law’. The legal process could not be complete without an accused or appellant receiving due legal assistance and a trial without a defence counsel was not a fair trial.
The direction should not have retrospective effect and should not affect cases past and closed nor would it invalidate judgments, orders or sentences that had become final. The pending trials would, however, be subject to it.
The review application was moved by Faisal through Advocate Abdul Razzak. He, Mohammad Zahid and Ms Urooj were tried by an anti-terrorism court for kidnapping for ransom. As he could not engage a lawyer, the ATC provided him an advocate. The court convicted Faisal and Zahid and acquitted Urooj. He challenged his conviction from jail and was called by the appellate bench in person due to his inability to engage an advocate. His conviction was maintained and he moved for a review.
Citing Supreme Court judgments, the bench observed that there was no provision in the code of criminal procedure for the review of a judgment. Once a judgment had been signed and announced, it could not be reviewed, though it could be challenged in the Supreme Court.
Referring to a 1997 SHC judgment cited by Advocate Razzak, the bench remarked that the 1997 appeal was heard in the absence of the appellant while in the present case, the convict was heard in person. The judgment sought to be reviewed had become final and could not be reopened, said the bench.
CDGK told to appoint DO
The Sindh High Court asked the city district government of Karachi on Thursday to appoint an engineer posted by the Sindh government as district officer.
Petitioner Ali Gul Shah submitted in person that he had been posted over four months ago but his joining report had not been accepted by the district co-ordination officer.
CDGK counsel Manzoor Ahmed and DCO Javed Haneef stated that the petitioner was to be adjusted in the Tameer-i-Karachi Programme where DO Abdul Sami Soomro was already working to the satisfaction of his superiors. Instead of relieving Mr Soomro, the CDGK wrote to the provincial government to modify its direction. There was no response from the local government department and the action on its direction was delayed. Assistant advocate-general Jabbar Lakho said that under the rules, the city district government was obliged to accept the directions issued by the chief minister or the chief secretary on postings and transfers
A division bench comprising Chief Justice Sabihuddin Ahmed and Justice Faisal Arab held that the provincial government directives in respect of the postings and transfers of the officers of the Sindh Unified Grade were binding on the city district government and the petitioner should be given an appointment in the CDGK.
Traffic pollution
Deputy inspector-general of traffic police Wajid Ali Khan submitted a report on smoke-emitting vehicles in a division bench consisting of Justices Anwar Zaheer Jamali and Mohammad Athar Saeed.
He said the traffic police were taking action against the offending vehicles and rickshaws were being phased out. The bench is seized of a petition filed by Advocate Islam Hussain against air pollution by rickshaws and mini-buses in the city.
The bench took the report on record and adjourned further proceedings.
Builder summoned
Justice Nadeem Azhar of the SHC summoned the builder-developer of Greenbelt Residency, Clifton, on Sept 5 in a contempt application moved by an apartment owner, Ms Surayya Jatoi.
The applicant said the court had directed the builder to hand her over possession of the apartment booked by her in ‘a habitable condition’ with parking space and a servant quarter.
The builder has given her possession of the apartment in a poor condition and without parking space and a servant quarter. A court-appointed commissioner has confirmed that the apartment is not habitable and the builder should, therefore, be proceeded against for contempt.
