PAKISTAN: Leading lawyers and Judges are continuously victimized by the Sindh government

The leading members of the legal profession and judiciary of Sindh Province in Pakistan are being continuously victimized and harassed for protesting against the holding of presidential elections and also for initiating legal action against the government and a ruling party for the killing of two lawyers. Accordingly, presidential elections in Pakistan were conducted on October 6, 2007, but members of the legal profession throughout the country declared it a ‘black day’ and held massive protest meetings and rallies against the government.

According to information received, Karachi Bar Association Secretary Naeem Querashi was arrested on October 6, near the high court premises. He was transferred to several police stations during the day and around midnight was taken to the Mari Pur police station in Karachi where allegedly a police sub inspector named Aurang Zeb manhandled him and verbally abused him in offensive language. The sub inspector had also induced other policemen to assault Mr. Querashi and tear off his clothes. Then, in a perverted turn of events the police took photographs—from different angles—of his naked body.

After he was released, Mr. Querashi complained that he and members of his family were constantly harassed by threatening telephone calls in which the callers claimed to be activists of the Mutehda Qaumi Movement (MQM), a ruling party in General Musharraf’s government.

Also on October 6 Salah Uddin Gandapur, member of the executive committee of the Sindh Province Bar Council was arrested together with four fellow lawyers and detained by at the City Court Police who threatened them that ‘no one will be able to release them from prison for several years’.  They had been arrested on bailable offences but the first class Magistrate-1 of South Karachi refused to grant them bail thus ensuring they would remain in lock up for the weekend. Luckily their lawyers rushed to the house of the Provincial high court, Chief Justice and secured their bail. The decision to grant them bail however so infuriated the provincial government and MQM members that they hoisted banners and wrote on walls maligning the chief justice as ‘a most corrupt judge’. These unruly elements had apparently been actively supported by the chief minister.

On October 10, Abrar Hassan, President of the Sindh High Court Bar Association filed an affidavit before the high court declaring that on October 5—i.e. a day prior to the presidential elections—his house was cordoned off by bulldozers and other heavy machine vehicles. Soon all roads and streets leading to his house were dug up, making it quite impossible for anyone to leave the house. Telephone and water lines as well as the power supply to his house had been cut off for several days. In his affidavit he has accused the city and town nazims (mayors), belonging to the MQM, for being responsible for these malicious and illegal acts. He has also mentioned receiving anonymous phone calls threatening him to ‘prepare his own grave, or else it will be done for him’.

Then, earlier on September 10 and 16 respectively, two lawyers who played active roles in the massive movement in support of the reinstatement of Pakistani Chief Justice Iftekhar Choudhry, were killed in Karachi City. Reportedly, on September 9, Advocate Raja Riaz, had engaged in an heated argument with the present Advocate General who in turn had complained about the incident to Altaf Hussain, the MQM Chief that evening. The following day, Mr. Riaz was shot to death a few metres from the high court building. Advocate Atique Qadri, who was in the forefront of vociferously protesting the killing of his colleague, was himself murdered a few days later.

Also on September 10, thousands of MQM supporters attacked the Sindh high court building and took control of the court hearing the case involving the killing of more than 50 persons on May 12 when Chief Justice Choudhry was prevented by the Sindh Government and MQM from entering the city. Reportedly the Sindh government and MQM party workers prevented anyone from entering the high court building and also detained judges for several hours inside. During these incidents the cars of six judges were smashed up and Justice Saeed was beaten by the unruly mob who was chanting slogans in favour of the MQM and its party chief, Altaf Hussain.

However no action has been taken by the government of General Musharraff against the Sindh government authorities or MQM members who continue to violate the law with utter impunity. To date, not a single offender has been arrested for the killing of the two lawyers, the attacked on numerous high court judges or the perverted behaviour of the Mari Pur police in Karachi vis-à-vis an office bearer of the Karachi Bar Association.

The Asian Human Rights Commission strongly condemns the blatantly criminal acts of the Sindh government and MQM members, against esteemed members of the judiciary and legal profession and for attempting to curtain by illegal means their just struggle for the rule of law and judicial independence in Pakistan. In fact the illegal actions of members of the ruling clique amply indicate that the government and its allies have little if any respect for the supremacy of the judiciary or the rule of law. The stripping off of a senior member of the legal profession and subsequent taking of photographs indicates the  depths of depravity state officials have descended to and make the cry of the Pakistani people for democratic reforms all the more poignant.

The AHRC demands from the Musharraf government to immediately stop all forms of victimization and harassment of members of the judiciary, lawyers and ordinary people; also to take all action necessary to bring the culprits before the law as soon as possible. That is, if even a segment of respect still remains towards the judiciary, rule of law, and the basic dignity of the people of Pakistan.

Document Type : Statement
Document ID : AS-242-2007
Countries : Pakistan,