By Tahir Siddiqui
KARACHI, Nov 2: The chief minister of Sindh, Dr Arbab Ghulam Rahim, has approved the withdrawal of over 1,300 criminal cases against leaders and workers of the Muttahida Qaumi Movement.
Well-placed sources told Dawn on Friday that the review board, formed by the Sindh government under the National Reconciliation Ordinance on Oct 9, had recommended the withdrawal of the cases after close scrutiny. These included 1,280 cases in Karachi, 40 from Mirpurkhas and 10 from Hyderabad.
They further explained that the review board, headed by Justice (Retd) Dr Ghaus Mohammed and comprising Sindh Law Secretary Ghulam Nabi and Advocate-General Khwaja Naveed as members, was still in the process of examining another 1,500 cases that might be recommended to the CM for withdrawal.
Reportedly, several of the cases approved for withdrawal involved leaders of the MQM, including its self-exiled chief Altaf Hussain who was declared an absconding accused in the highly-publicised murder case of former KESC chief Shahid Hamid.
Under Sub-section 3 of Section 2 of the National Reconciliation Ordinance, the review board is empowered to review the entire record of the cases pending against any person, including an absconding accused who is found to have been falsely involved for political reasons or through political victimisation.
As envisaged in the NRO, the board may review any case initiated between Jan 1, 1986 and Oct 12, 1999, and furnish recommendations to the government of Sindh regarding their withdrawal from prosecution or otherwise.
‘Scrutiny no easy task’
AG Khwaja Naveed said the board had carefully examined all the cases referred for withdrawal by the provincial government. “The cases approved for withdrawal are a decade old and there has been no progress on them for many years,” he told Dawn.
According to the AG, the scrutiny of cases was no easy task since a number of the accused persons who claimed to be political workers were also alleged to have been involved in street crimes such as carjacking, mugging and mobile phone snatching.
“It is indeed very difficult to draw a line between an actual culprit and a political worker,” he commented.
He pointed out that in many of the cases approved for withdrawal, the accused had already spent more time incarcerated as under-trial prisoners than the longest prison term allowed for the offence. “We have tried our best to give the maximum benefit to such accused persons,” he said.
AG Naveed said that the review board had rejected the withdrawal of over 350 cases in which there was an individual complainant complaining about a personal injury or personal grievance.
“We have avoided interfering in cases that are being contested by an aggrieved party and have given preference to the dormant or dead cases,” he explained.
He added that the CM’s approval for the withdrawal of the recommended cases would be sent to the Sindh Prosecutor General for implementation.
“The SPG will send the approved cases to the respective district attorneys who will move applications in the respective courts for the withdrawals,” he informed Dawn.
‘Court consent not required for withdrawal’
SPG Rana Shamim told Dawn that while he had not so far received the approval of the Sindh chief minister for the withdrawal of any cases, he confirmed that the CM had approved the withdrawals.
Responding to a question, the SPG said that the review board was qualified to recommend the withdrawal of certain cases. “There are no impediments in the implementation of the recommendation of the review board,” he asserted.
In case the Supreme Court declared the NRO null and void, the withdrawn cases would be automatically restored for trial, said the Sindh prosecutor general. However, he added that the consent of the court was not required for the withdrawal of the cases under the NRO. “The court will pass orders regarding the acquittal of indicted accused and accused persons who have not been indicted would be discharged with respect to the offence or offences,” he stated.
http://www.dawn.com/2007/11/03/local1.htm
KARACHI, Nov 2: The chief minister of Sindh, Dr Arbab Ghulam Rahim, has approved the withdrawal of over 1,300 criminal cases against leaders and workers of the Muttahida Qaumi Movement.
Well-placed sources told Dawn on Friday that the review board, formed by the Sindh government under the National Reconciliation Ordinance on Oct 9, had recommended the withdrawal of the cases after close scrutiny. These included 1,280 cases in Karachi, 40 from Mirpurkhas and 10 from Hyderabad.
They further explained that the review board, headed by Justice (Retd) Dr Ghaus Mohammed and comprising Sindh Law Secretary Ghulam Nabi and Advocate-General Khwaja Naveed as members, was still in the process of examining another 1,500 cases that might be recommended to the CM for withdrawal.
Reportedly, several of the cases approved for withdrawal involved leaders of the MQM, including its self-exiled chief Altaf Hussain who was declared an absconding accused in the highly-publicised murder case of former KESC chief Shahid Hamid.
Under Sub-section 3 of Section 2 of the National Reconciliation Ordinance, the review board is empowered to review the entire record of the cases pending against any person, including an absconding accused who is found to have been falsely involved for political reasons or through political victimisation.
As envisaged in the NRO, the board may review any case initiated between Jan 1, 1986 and Oct 12, 1999, and furnish recommendations to the government of Sindh regarding their withdrawal from prosecution or otherwise.
‘Scrutiny no easy task’
AG Khwaja Naveed said the board had carefully examined all the cases referred for withdrawal by the provincial government. “The cases approved for withdrawal are a decade old and there has been no progress on them for many years,” he told Dawn.
According to the AG, the scrutiny of cases was no easy task since a number of the accused persons who claimed to be political workers were also alleged to have been involved in street crimes such as carjacking, mugging and mobile phone snatching.
“It is indeed very difficult to draw a line between an actual culprit and a political worker,” he commented.
He pointed out that in many of the cases approved for withdrawal, the accused had already spent more time incarcerated as under-trial prisoners than the longest prison term allowed for the offence. “We have tried our best to give the maximum benefit to such accused persons,” he said.
AG Naveed said that the review board had rejected the withdrawal of over 350 cases in which there was an individual complainant complaining about a personal injury or personal grievance.
“We have avoided interfering in cases that are being contested by an aggrieved party and have given preference to the dormant or dead cases,” he explained.
He added that the CM’s approval for the withdrawal of the recommended cases would be sent to the Sindh Prosecutor General for implementation.
“The SPG will send the approved cases to the respective district attorneys who will move applications in the respective courts for the withdrawals,” he informed Dawn.
‘Court consent not required for withdrawal’
SPG Rana Shamim told Dawn that while he had not so far received the approval of the Sindh chief minister for the withdrawal of any cases, he confirmed that the CM had approved the withdrawals.
Responding to a question, the SPG said that the review board was qualified to recommend the withdrawal of certain cases. “There are no impediments in the implementation of the recommendation of the review board,” he asserted.
In case the Supreme Court declared the NRO null and void, the withdrawn cases would be automatically restored for trial, said the Sindh prosecutor general. However, he added that the consent of the court was not required for the withdrawal of the cases under the NRO. “The court will pass orders regarding the acquittal of indicted accused and accused persons who have not been indicted would be discharged with respect to the offence or offences,” he stated.
http://www.dawn.com/2007/11/03/local1.htm
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