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COURT

RECORDER REPORT

KARACHI: The Administrative Judge of the Anti Terrorism Court (ATC), Mr. Justice Shabbir Ahmed , on Wednesday dismissed an application challenging the jurisdiction of the ATC for trial of the October 12 plane conspiracy case, and also ordered transfer of the case to the ATC No. 1, headed by Rehmat Hussain Jaffery.

As he fixed January 17 for the next hearing, he observed that with personnel from different agencies being present in the court he was not able to hold a free and fair trial.

The application challenging the jurisdiction of the court was moved by the defence counsel Barrister Ejaz Hussain Batalvi for the deposed prime minister Nawaz Sharif, former chief minister of the Punjab Shahbaz Sharif, and others.

Nawaz Sharif, is the main accused in the case. The co-accused are his brother Mian Shahbaz Sharif, former chairman of PIA Khaqan Abbasi, former chief of the Ehtesab Bureau Saifur Rehman, former adviser to the prime minister on Sindh affairs Syed Ghous Ali Shah, former principal secretary to the prime minister Saeed Mehdi, and former inspector general of Sindh police Rana Maqbool Ahmed.

Earlier, one of the accused, Khaqan Abbasi pointed out to the court that intelligence personnel were present in the court and were sitting Ñ "side by side" with the accused persons which was inconvenient for them. He also complaint against the harassment he was suffering from their presence.

Abbasi also inquired from the court whether they (the accused) were in the judicial custody or were in the custody of the Rangers.

The Judge asked those present in the courtroom identify themselves if they were from any intelligence agency. A number of them, in civvies, stood up after they were identified by the visitors, officials of the court and by the newsmen covering the plane conspiracy case.

The judge was angry on this situation. He asked the court officials to close the doors of the courtroom and ordered his gunman to arrest the intelligence personnel present in the court unauthorisedly. This created some chaos in the room and a few were seen trying to flee. The identified intelligence personnel confessed being from sensitive intelligence. Three of the identified personnel said that they were from the Intelligence Bureau.

The plain clothes intelligence personnel, mostly two at a time, are on surveillance of the accused and to keep the newsmen away from them. The intelligence personnel and the newsmen had a heated exchange of words in the morning when Nawaz Sharif arrived at the court along with other co-accused at about 9:20 a.m.

The judge asked the prosecution whether it was an open trial or a trial in camera to which the prosecution replied that it was an open trial.

The judge observed that in the given situation and the atmosphere prevailing where personnel from different agencies, including Rangers, were present, he was not able to hold a free and fair trial of the case and ordered transfer of the case to ATC No. 1.

Iqbal Raad, defence counsel, talking to Business Recorder said that they wanted free and fair trial of the case. "However, we have not been provided with the record such as video recording, spools and other gadgets which were earlier mentioned by the prosecution as substantial evidence against the accused."

The prosecution, despite orders from the court to supply the material it has collected against the accused, had not supplied "anything to us to prepare the case", Raad said. All that was recovered from the PIA plane (October 12, Colombo-Karachi flight No. 805), from the air control tower, from the traffic control, from the Civil Aviation Authority etc. was needed by the defence to prepare its case, Raad said, adding "they have destroyed all the material/evidence."

Raad said the accused were constantly being denied the basic rights and privileges granted by the court. "They are still being kept in solitary confinement despite court's order to keep them in different cells but in one compound." The IG Prisons was summoned by the Mr. Justice Shabbir Ahmed, and told to act strictly according to jail manual and the orders of the court. "The IG Prisons has not complied with any of the instructions of the court. The accused have not even been allowed morning walks."

He said the contempt application for non-compliance of court orders, filed by the defence was still pending with the court. "More than three weeks have passed but the application has not come up for hearing. The delay is deliberate."

Raad said: "We welcome the transfer of the case to the ATC No. 1 and express our satisfaction over the decision."

Advocate General of Sindh Raja Qureshi told reporters that the decision of the judge transferring the case had come "as an abrupt and unexpected decision."

Earlier, during the hearing of the case Raja Qureshi had informed the judge that one of the accused, Saifur Rehman, had planned to break the Landhi Jail but the attempt was foiled.

Qureshi said that the alleged plan was unearthed when a lady matron Shahida of the prison recovered a sketch of the interior of the prison of Landhi Jail, drawn for her daughter Saira. Saifur Rehman later told newsmen that he had drawn the sketch when his son inquired about the surroundings of the jail.

Ejaz Batalvi, assisted by Khawaja Sultan, Mian Aftab Farrukh, Naveed Ahmed and Nihal Hashmi had challenged the jurisdiction of the ATC on the grounds that the offences under sections 121, 121-A, 122, and 123 fall in Chapter VI of the Pakistan Penal Code (PPC) titled "offences against the state" and required mandatory procedure under section 196 of the Criminal Procedure Code (CrPC).

APP adds:

According to legal experts the defendants' complaints about security personnel were designed for political advantage. "They might get headlines from this kind of manipulation but that is all they are likely to gain," a lawyer told APP.

The Sindh Advocate General said the Administrative Judge has the powers to try a case himself or assign it to an Anti Terrorism Court (ATC).

When asked about the episode in the court room and annoyance expressed by Mr. Justice Shabbir Ahmed, the AG said the persons present there were from security agencies. Their presence was in the interest of security and safety of the accused. Once the personnel were identified the court itself deferred all its orders, said Qureshi. There was no written order by the court to arrest them, therefore they were not taken into custody.

To a question, he said, the prosecution has full confidence in the Judge in whose Court the case now stands transferred.

Informing the court about the alleged jail break plan, Qureshi said a mobile phone was also being smuggled into the prison but was intercepted, and all these acts show common intention of the accused to attempt a jail break.

On this Mr. Justice Shabbir Ahmed told the Advocate General that since the letter from IG Prisons was referred to him by the Home Secretary, it was irrelevant for the court to hear the matter till he made a proper application.

According to the letter written by Superintendent of District Malir Prison to IG Prisons, Sindh, an interview was allowed to the Senator Saif-ur-Rahman with his family on January 9, 2000, Eid day between 1420 hours to 1720 hours. "On return from interview some Eid cards and letters were found in the custody of eldest daughter Saira of Saif as detected by Matron Shahida. "On search of these papers a sketch was detected showing cells in which Nawaz Sharif, Saif-ur-Rahman and Shahid Khaqan Abbasi are confined along with the security points where guards are deployed were also shown", says the letter.

The letter was forwarded to the Home Secretary, Sindh, who passed on the letter and statements to the Advocate General with the request to bring the same to the knowledge of the trial court for "immediate legal action."