With a view to monitoring the implementation of the guidelines laid down by the Supreme Court in the case of Liaquat Hussain v. Federation of Pakistan PLD 1999 SC 504 for regulating the trials and appeals under the anti-terrorism law, I had nominated a Senior Judge of the Supreme Court in the interest of prompt disposition of terrorist/sectarian related offences so as to maintain law and order and to create an atmosphere of peace and tranquillity in the society.
2. The Senior Judge convened a meeting on 28th August, 2001 at Lahore, attended by the Administrative Judge, Lahore High Court for monitoring the progress of cases involving terrorism and sectarianism, Home Secretary, Punjab, Law Secretary, Punjab, Registrar, Lahore High Court, Deputy Inspector-General of Police, Headquarters, Lahore, Chief Prosecutor, Anti-Terrorism Courts, Punjab, and Judges of the Anti-terrorism Courts in Province of the Punjab.
3. In the aforesaid meeting, all the relevant issues were examined in depth including various aspects of trial proceedings and the problems/difficulties faced in expeditious disposal of such cases, the detection/arrest of the accused, conduct of investigation, submission of challan, appointment of defence counsel and the hardships faced by the trial' Courts in timely disposal of anti-terrorism cases and sectarian related offences. In the light of the deliberations held in the aforesaid meeting, I issue the following directives:
(i) The Police Department will arrange to depute qualified and experienced investigators to conduct investigation in a fair and transparent manner.
(ii) With a view to avoiding unnecessary delays, the investigation should not be transferred from one investigating officer to another in routine but a proper mechanism shall be devised for the purpose in order to check the tendency of causing delays in trial through frequent change of investigations on frivolous grounds and false pretexts.
(iii) The Police Department will explore the possibility of engaging retired experienced PDSPs, PIs and PSIs for carrying out investigations.
(iv) Arrangements shall be made to have the investigating officers fully trained in the latest techniques of detection/investigation in terrorism/sectarian cases.
(v) The Investigating Officer and area Magistrate shall ensure compliance with the procedural requirements laid down by the superior Courts including timely completion of identification parade and recording of the statement of witnesses.
(vi) To ensure the quality/standard of evidence, the Provincial Governments shall consider constituting a committee of special investigators comprising qualified, experienced and dedicated officers to carry out investigation all over the province under the direct supervision of a senior Police officer.
(vii) The relevant provisions of law and the judgments of the superior Courts shall be followed while collecting corroborative evidence in respect of recovery of weapon/other items.
(viii) The Police Department will ensure that investigations are carried out in a transparent manner and the investigating officer is made accountable in case of any deliberate delay or negligence or fabricating evidence.
(ix) It must be ensured that challans are submitted within the specified period.
(x) Arrangements shall be made to ensure the timely production of the witnesses in the Court so as to avoid adjournments and ensure . Expeditious disposal of cases.
(xi) The present system of appointment of defence counsel by the Court on meagre fee is unsatisfactory and a cause of delays/miscarriage of justice, therefore, well-known and renowned defence lawyers should be appointed. For this purpose appropriate funds be provided to the High Court.
(xii) The law should be suitably amended so that in cases where the defence counsel appointed by the Court is not acceptable to the accused. The trial may proceed without the assistance of such counsel and the accused may cross-examine the witness and be responsible for the consequences. The anti-terrorism Courts Judges shall handle such cases with care and caution so as to avoid undue delays and ensure compliance with procedural requirements in accordance with law.
(xiii) The services of qualified staff, duly appointed on merit after advertisement and following transparent recruitment procedure, must be made available to the anti-terrorism Courts and for this purpose, necessary funds be made available to the High Courts. Let a copy of the above directives be sent to the Governors of the Provinces, the Chief Justices of the Provincial High Courts, Secretary, Law, Justice and Human Rights Division, Secretary, Interior Division, Government of Pakistan, Islamabad, Chief Secretaries of the Provinces, Provincial Law Secretaries, Secretaries, Home Departments and Inspectors-General of Police for taking such measures as are necessary to give effect to the Supreme Court's decision in Sh. Liaquat Hussain's case (PLD 1999 SC 504). revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.