Home / News / Urgent Appeals / PAKISTAN: Chief Justice of a provincial High Court was threatened by a ruling party

PAKISTAN: Chief Justice of a provincial High Court was threatened by a ruling party

October 11, 2007

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

11 October 2007
------------------------------------------------------
UA-293-2007: PAKISTAN: Chief Justice of a provincial High Court was threatened by a ruling party

PAKISTAN: Threats; independence of judges and lawyers; no protection; pressurizing judicial system; no rule of law
------------------------------------------------------

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 Musharraf’s 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 appeal, please click here:

------------------------------------------------------

Suggested 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 Musharraf’s 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)

Document Type :
Urgent Appeal Case
Document ID :
UA-293-2007
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.