KARACHI, June 19: While the relocation of Karachi’s three anti-terrorism courts to a more suitable and safer place is still a distant dream, the provincial government also appears to be uninterested in setting up a specialised unit for the protection of those appearing in courts as witnesses, it emerged on Tuesday.
Although the Anti-Terrorism Act of 1997 clearly stated that the government should extend protection to a witness during the investigation of a case, during the trial and thereafter, there have been many instances in the past few months when a reasonable number of witnesses in extortion and sectarian killing cases turned hostile or did not turn up in courts to testify due to what was said to be fear and insecurity.
The witness protection unit is to be established in the police department under the Sindh government’s witness protection programme for the security of witnesses testifying against undertrial suspects of terrorism, targeted killings and other heinous crimes.
The then Sindh home minister Manzoor Wasan announced in November 2011 the establishment of the witness protection unit, but till to date no such unit has become operational in the police department.
Judges and prosecutors are also facing security issues despite the fact that they should be given ample security in accordance with the country’s anti-terror law.
Sub-sections 2 and 3 of Section 21 of the ATA, 1997 read: “For purposes of protection of the judges, [members], accused, witnesses, prosecutors and defence counsel and anyone concerned with the court proceedings, the government may adopt such other measures as may be appropriate or may be proscribed [and the armed forces shall also provide comprehensive protection and securing to the judges, members, accused, witnesses, prosecutors, investigators, defence counsel and all those concerned in the court proceedings. The government shall extend protection to a judge [member] a counsel, public prosecutor and the witnesses during investigation of an offence and proceedings under this act, and thereafter, as may considered necessary”.
In the past, judges as well as prosecutors of the ATCs had also sent letters to the authorities concerned to provide them proper security.
At present, prosecutors are still said to be dissatisfied with the existing security arrangements and have conveyed their concerns to the quarters concerned, but to no avail.
The prosecutors are of the view that they have been pleading high-profile cases against hardened criminals, but security is not being provided to them as per law.
One of the prosecutors of the ATCs recently sent a letter to the prosecutor general, Sindh requesting him for proper security and facilities and said that it was an uphill task for the prosecutors to effectively perform their duties under the present circumstances.
The three ATCs — each hearing over 100 cases including those of alleged members of banned militant outfits, terrorists, extortionists allegedly backed by some political groups — are housed in old KMC rest house located on M.T. Khan Road near the so-called high-security zone. However, the building is in pathetic condition and its boundary walls are partly damaged, posing a security threat to judicial officers, witnesses, lawyers and staff.
In September 2010 the then acting chief justice of the Sindh High Court Justice Mushir Alam visited the ATC complex and ordered its shifting to any other suitable place.
On Sept 27, 2011, the Supreme Court took up a matter pertaining to the security and accommodation of the judges of the ATCs and some senior officials of the Sindh government appeared and informed the court that the matter about the shifting of the ATCs to any suitable place would be resolved within 15 days.
However, the provincial authorities had yet to implement the directives and recommendations of the superior judiciary.