Court admits petition against new ATCs

Published February 9, 2002

QUETTA, Feb 8: The Balochistan High Court has admitted a constitutional petition for regular hearing filed against new Anti-Terrorism Courts refusing to grant an interim stay against the setting up of these courts.

The petition was filed by chairman executive committee of the Balochistan Bar Council, Kamran Murtaza advocate. The vacation Judge of the Balochistan High court Justice Tariq Mehmood heard the petition.

The counsels, who represented the petitioner in the court, pleaded that new ordinance for the setting up of new Anti-Terrorism Courts (ATCs) was direct interference in courts by the government.

They further said that the government in 1977 established military courts but the Supreme Court of Pakistan had declared these courts illegal and unconstitutional.

They said that the new ordinance for setting up of new ATCs courts has been promulgated in violation of the principles laid by the apex court.

They argued that the new ordinance was also contrary to the article 245 of the Constitution of Pakistan. They were of the view that induction of two nominees of the government in the new proposed courts would create obstacles in the way of justice.

Counsels for the petitioner prayed the court to declare the new ordinance, issued by the government regarding ATCs, as illegal and unconstitutional and that an interim stay against the establishing of these courts should be granted.

After hearing the arguments the vacation judge of the Balochistan High Court admitted the petition for regular hearing and ordered to issue notices to all concerned parties.

However, the learned court refused to grant interim stay against the establishment of new ATCs.