Dear friends,
The Asian Human Rights Commission (AHRC) has received information from reliable sources that several judges including the Chief Justice, of the Sindh High Court were threatened by a ruling political party in General Musharrafs government on accepting the bail applications of several arrested lawyers on 29 September 2007. There were a variety of threats but the Chief Minister of the province condoned the actions of the ruling party, arguing that the writing against the Chief Justice is the “peoples’ voice”. It is alleged that the workers and leadership of the ruling party are involved in the mayhem of May 12, 2007, the killings of two lawyers in recent days and threats to office bearers of different Bar Associations, including attacks on the cars of sitting judges.
CASE DETAILS:
According to the information received, one ruling party of the Sindh Province, the Mutehda Qoumi Movement (MQM) has threatened Mr. Justice Sabih uddin Ahmed, the Chief Justice of Sindh High Court on taking cases of members and office bearers of various Bar Associations. Mr. Justice Sabih Uddin Ahmed has granted bail to the four arrested lawyers, including Mr. Salah Uddin Gandapur, executive member of the Sindh Bar Council, who had held the protest meeting and rally on September 29. This was held in support of injured lawyers and journalists who were severely beaten by police in Islamabad, the capital city of Pakistan, on the occasion of the filing of papers of President General Musharraf on September 27, 2007. These arrested lawyers were booked in bail able offences like, under section, 107,117, 142, 382 of the Pakistan penal code. After the arrests, they were produced before the First Class Magistrate 1, South, Karachi, who refused to grant them bail. The lawyers of the accused persons then went to the house of Mr. Sabih Uddin Ahmed, Chief Justice Sindh High Court, in the evening as it was a Saturday and the following day (Sunday) the courts would be closed, to get the bails of four lawyers. (According to judicial traditions in Pakistan any judge can take the bail applications on the official holidays on urgent matters.) After receiving bail applications, the Chief Justice asked for a comment from the Advocate General of Province on the telephone, who also agreed that bail of the accused could not be refused on the charges which are framed against them.
This legal action of the Chief Justice infuriated the ruling party, the MQM. He was then threatened on the telephone, after which party workers of the MQM started a smear campaign against the Chief Justice, by hoisting banners and using chalk to write all around the walls of the High Court building accusing him of taking bribes from the “criminal lawyers” for bails at his resident. When asked by the journalists on the smear campaign against the Chief Justice, the Chief Minister of the province, said whilst supporting the campaign that “this is the voice of the people and he has to face it”. On these remarks registrar Sindh High Court issued a contempt of court notice to the Chief Minister and formed a five-member bench to hear the contempt of court proceedings.
The lawyers are alleging that judges of the highest court of the province have been threatened by reminders of the cold-blooded murders of two prominent lawyers, Mr. Raja Riaz and Mr. Atique Qadri. Mr. Raja Riaz was murdered when the workers of the MQM attacked Sindh High Court building on September 10, 2007 and Mr. Atique Qadri was murdered on September 16 when he addressed and participated in a protest meeting on the murder of Raja Riaz. After these incidents of murder, it is alleged that the workers of the ruling party are intimidating the offices of different Bar associations by threatening to injure or kill their family members.
The chief justice of the Sindh High Court was also threatened on May 12, 2007, when the Chief Justice of Pakistan was stopped by the Sindh provincial government and the MQM party leadership from entering the city. During the day armed groups took over control of the city and killed more than 50 people. After this, the MQM held a meeting of its workers in the evening and its leadership including party Chief Mr. Altaf Hussain, who threatened Chief Justice of Sindh for blockading the roads, to prevent the arrival of Mr. Iftekhar Choudhry, the then suspended chief justice of Pakistan.
According to media reports, on May 12, 2007, the party workers of MQM attacked the cars of judges of the High Court. Furthermore, they detained them in the court building by placing heavy containers around the building and prevented the judges from leaving the court building before 7, o’clock in the evening. In the morning when the Chief Justice of the High Court entered, his car was beaten with sticks by the MQM workers. The cars of the other judges were also damaged, including those of Mr. Justice Aziz ullah, Mr. Justice Maqbool Baqir, Miss Justice Yasmin Abbasi, Mr. Justice Mohammad Ather Saeed and Mr. Sajjad Ali Shah. Their staff have lodged complaints before the registrar of the High Court. Mr. Justice Ather Saeed was also injured in the attack.
Chief Justice of Sindh High Court, Mr. Justice Sabih uddin Ahmed, then constituted a large bench of High Court judges to probe the incidents of the May 12 killings. Additionally, to investigate why Chief Justice of Pakistan was not allowed to enter the city after clear instructions of the High Court to allow him to enter city. The MQM was against this action of the Sindh Chief Justice and started abusing the judiciary in their meetings. The ministers of the MQM were not following the instructions of the court and were not attending the court proceedings after several notices. On September 10, 2007 some 2000 workers of the MQM attacked the Sindh High Court building and stopped the proceedings of the large bench, which was hearing the evidences of the May 12 killings.
SUGGESTED ACTION:
Please write to following authorities, demanding to provide official protection to the highest legal officer of the Sindh province and to arrest the perpetrators who are continuously threatening the Chief Justice of Sindh and other judges of the high court of province of Sindh.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PAKISTAN: Chief justice of a provincial high court was threatened by a ruling party
Name of victims:
1) Mr. Justice Sabih Uddin Ahmed
2) Mr. Justice Aziz ullah
3) Mr. Justice Aziz ullah
4) Mr. Justice Maqbool Baqir
5) Ms. Justice Yasmin Abbasi
6) Mr. Justice Mohammad Ather Saeed
7) Mr. Justice Sajjad Ali Shah
[All are Judges of Sindh High Court, Shara-e- Iraq, Saddar, Karachi, Sindh province – Pakistan]
Name of alleged perpetrators:
1) Mr. Altaf Hussein, MQM International Secretariat, 54 – 58, First Floor, Elizabeth House, High Street, Edgware, Middlesex, HA8 7EJ, United Kingdom
2) Mr. Anwer Alam, Chief of the Rabita Committee, MQM, Khursheed memorial Hall, Azizabad, Karachi, Sindh province – Pakistan
3) Dr. Arbab Abdul Rahim, Chief Minister of Sindh, Chief Minister house, Karachi, Sindh province – Pakistan
4) Mr. Waseem Akhter, Advisor to the chief minister of Sindh, New secretariat, government of Sindh, Karachi, Sindh province- Pakistan
I am writing to express my deep concern about threats to the lives of judges of Sindh province. In particular, the Chief Justice of Sindh High Court has continuously received threats from the workers of MQM (Mutehda Qoumi Movement), a ruling party in General Musharrafs government. It is very shocking to learn that a smear campaign against the Chief Justice has taken place through banners and chalk writing on the walls of the High Court building, using filthy language to insult his personal character. This campaign is clearly aimed at intimidating the independent working of the judiciary.
According to the information I received, one ruling party of the Sindh Province, the Mutehda Qoumi Movement (MQM) has threatened Mr. Justice Sabih uddin Ahmed, the Chief Justice of Sindh High Court on taking the cases of members and office bearers of Bar Associations. Mr. Justice Sabih Uddin Ahmed has granted bail to the four arrested lawyers, including Mr. Salah Uddin Gandapur, executive member of the Sindh Bar Council, who had held a protest meeting and rally on September 29. This was in support of injured lawyers and journalists who were severely beaten by police in Islamabad, the capital city of Pakistan, in response to filing of papers of President General Musharraf on September 27, 2007. These arrested lawyers were booked in bail able offences under Section, 107,117, 142, 382 of the Pakistan penal code. After the arrests, they were produced before the First Class Magistrate 1, South Karachi, who refused to grant them bail. The lawyers of the accused persons then went to the house of Mr. Sabih Uddin Ahmed, Chief Justice Sindh High Court, in the evening as it was Saturday and the next day (Sunday) the courts would be closed, to get the bails of four lawyers. (According to judicial traditions in Pakistan any judge can take the bail applications on the official holidays on urgent matters.) After receiving bail applications, the Chief Justice asked for a comment from the Advocate General of Province on the telephone, who also agreed that bail of the accused could not be refused on the charges which are framed against them.
This legal action of the Chief Justice infuriated the ruling party, the MQM, and it started to threaten him on the telephone. The party workers of the MQM started a smear campaign against the Chief Justice by hoisting banners and writing in chalk around the walls of the High Court building, accusing him of taking bribes from the “criminal lawyers” for bails at his resident. When asked by the journalists about the smear campaign against the Chief Justice, the Chief Minister of the province, said whilst supporting the campaign that “this is the voice of the people and he has to face it”. On these remarks registrar Sindh High Court issued a contempt of court notice to the Chief Minister and formed a five-member bench to hear the contempt of court proceedings.
The lawyers are alleging that judges of the highest court of the province were threatened with reminders of the cold-blooded murders of two prominent lawyers, Mr. Raja Riaz and Mr. Atique Qadri. Mr. Raja Riaz was murdered when workers of the MQM attacked Sindh High Court building on September 10, 2007 and Mr. Atique Qadri was murdered on September 16 when he addressed and participated in a protest meeting on the murder of Raja Riaz. After these incidents of murder, it is alleged that the workers of the ruling party are intimidating the offices of different Bar associations by threatening to injure or kill their family members.
The Chief Justice of the Sindh High Court was also threatened on May 12, 2007, when the Chief Justice of Pakistan was stopped by the Sindh provincial government and the MQM party leadership from entering the city. During the day armed groups took over control of the city and killed more than 50 people. After this, the MQM held a meeting of its workers in the evening and its leadership including party Chief Mr. Altaf Hussain, who threatened Chief Justice of Sindh for blockading the roads, to prevent the arrival of Mr. Iftekhar Choudhry, the then suspended chief justice of Pakistan.
According to media reports, on May 12, 2007, the party workers of MQM attacked the cars of judges of the High Court. Furthermore, they detained them in the court building by placing heavy containers around the building and prevented the judges from leaving the court building before 7, o’clock in the evening. In the morning when the Chief Justice of the High Court entered, his car was beaten with sticks by the MQM workers. The cars of the other judges were also damaged, including those of Mr. Justice Aziz ullah, Mr. Justice Maqbool Baqir, Miss Justice Yasmin Abbasi, Mr. Justice Mohammad Ather Saeed and Mr. Sajjad Ali Shah. Their staffs have lodged complaints before the registrar of the High Court. Mr. Justice Ather Saeed was also injured in the attack.
All these incidents show that political alliances in the government dislike the independent and free nature of the judiciary and want to keep the judiciary working on their terms, all of which is very dangerous for a democratic society.
If the perpetrators are not dealt with properly according to the laws, constitution and international norms, then Pakistan will become an anarchic society.
Therefore I demand that Mr. Justice Sabih Uddin Ahmed and all other judges are given protection from the threats to their lives. The perpetrators, mentioned above, should be brought before the law and given sufficient punishment. Justice to the people should be provided without any hindrance, threats and intimidation, and powerful groups or political parties should be dealt with according to the law.
I look forward to your prompt action in this case.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. General Pervez Musharraf
President
President’s Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see-> http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)
2. Mr. Hamid Sarfaraz
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-Mail: minister@molaw.gov.pk
3. Mr. Justice Sabih Uddin
Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92-21-9213220
Email: info@sindhhighcourt.gov.pk
4. Dr. Ishrat UL Ibad
Governor of Sindh province
Karachi
PAKISTAN
Tel: + 92 21 920 1201
Fax: +92 21 920 1226
E-mail: pvt_secretary@governorsindh.gov.pk (for private secretary of Governor)
5. Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
Fax: +92 21 920 2000
6. Chief Secretary
Government of Sindh
Chief Secretariat,
Karachi, Sindh province,
PAKISTAN
Tel: +92 21 921950
Fax: +92 21 9211946
Email: cs.sindh@sindh.gov.pk
7. Secretary
(Criminal Prosecution) SGA &CD Department
Government of Sindh
Sindh Secretariat,
Karachi, Sindh Province
PAKISTAN
Tel: +92 21 9213327-6
Fax: +92 21 9213873
Email: secy.cpsd@sindh.gov.pk
8. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Supreme Court Building
Islamabad
PAKISTAN
Tel: +92-51-9213770
Fax: +92 51 9213452
E-mail: registrar@supremecourt.gov.pk
9. Additional Registrar
Supreme Court of Pakistan
Constitution Avenue
Islamabad
PAKISTAN
Tel: + 92-51-9205478 / 9209496
Fax: + 92-51-9220406
E-mail: additionalregistrar@supremecourt.gov.pk
10. Mr. Mohamad Ali Durrani
Federal Minister for Information and Broadcasting
Government of Pakistan
Islamabad
PAKISTAN
Email: infominister@infopak.gov.pk
11. Mr. Leandro DESPOUY
UN Special Rapporteur on the Independence of Judges and Lawyers
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
