SC flays Sindh Home Department for running ‘parallel judiciary’

The Supreme Court (SC) said on Thursday that the Sindh Home Department was running a parallel judicial system in the province.
A five-member SC bench, led by Justice Anwar Zahir Jamali, made the observation while hearing a case on the law and order situation in Karachi at the apex court’s Karachi registry.
Other judges on the bench included Justice Khilji Arif Hussain, Justice Sarmad Jalal Osmani, Justice Amir Hani Muslim, Justice Gulzar Ahmad and Justice Muhammad Akhtar Saeed.
During the hearing, a report was presented in the court about the release of several accused persons on parole. As per report, Inspector General (IG) of Jails Zafar Bokhari told that 226 persons had been released on parole.
The court observed that among those release on parole, 193 persons were convicts, and had been sentenced over crimes such as murder, illegal possession of arms, and kidnapping for ransom.
The court expressed anger over the releases, and observed that the Home Department had set up a parallel judicial system.
Bokhari told the court that 193 culprits had been released on the basis of “good conduct” on parole. The court asked the authorities to define “good conduct”. “Had the accused started fasting and offering prayers in the jail,” the court asked.
Justice Osmani remarked that a judicial magistrate had the powers to release the accused on parole, and asked for the record. Prosecutor General Shahadat Awan replied that the judicial magistrate had no such record, adding that no record was available about the “good conduct” of the accused in jail. He said that the accused were set free on parole under the Home Department’s directives. Justice Sarmad said, “We are fighting against the terrorists and the government is releasing them.”
Reprimanding the IG Jails, Justice Muslim asked on what grounds the original record of the accused was handed over to the parole committee. “It may alter the record when it wills,” he added. He said that if such decisions were being taken, the authorities should instead open the prisons’ gates and let everyone leave. “The way you are working demands that you should go to jail instead of the accused,” he added.
Justice Khilji said that 35 such accused had been released on parole in 2003 despite the fact that cases were pending against them in the courts. Justice Jamali said the government was releasing hardened criminals. Justice Osmani asked Additional Secretary (Interior) Wasim Ahmad about those released in 2003. He replied that the then chief minister Arbab Ghulam Rahim had sent the summary about the accused, which had been released on parole.
Ahmad told the court that the former chief minister had directed the Sindh inspector general of police (IGP) to arrest the accused persons again, but that the orders could not be implemented. Justice Khilji observed, “It means you do not have to arrest the accused?” Justice Jamali said that a person among those released was a “Chacha” who was involved in five murder cases. “Such people were set free who were involved in murder and kidnapping for ransom cases,” he added.
Justice Osmani asked the IG Jails if he would explain the basis on which the accused involved in heinous crimes had been released on parole.
Justice Muslim said there was an urgent need to launch a sweeping operation against criminals in Karachi. The reports about the presence of Taliban in Karachi are finding way in various newspapers, he said, asking why the operation had not been carried out against them so far. Earlier, police presented its report on targeted killings. The report said that 2,381 murder cases had been registered during the last 13 months in the city, and that the police had arrested 761 suspects. It said that over 3,000 accused were still at large.
Additional IGP Bashir Memon told the court that police was conducting a targeted operation against target killers. Justice Osmani asked him to tell how many accused persons had been apprehended during the operation. Justice Khilji asked the additional secretary (interior) since when Rangers had been deployed in Karachi. The additional secretary replied that the force had been deputed since 1995.
The judge asked about the results since the deployment of Rangers 18 years ago. He said the Rangers should be sent back to borders, and the budget spent on them be spent on police. The hearing of the case was adjourned sine die.