Judges agree to prosecute terrorists under new laws

Internews/Islamabad

The Anti-Terrorism Courts (ATCs) will try the target killers, extortionists, kidnappers for ransom and mafia members, a cabinet source, who has seen the recommended changes in the ATA.

“The witnesses will be masked to hide their identity in order to save them from being targeted by the patrons or cohorts of the under-trial criminals,” he said.

However, the source said the judges would be able to see deponents unveiled and the defence lawyers would be allowed to cross-examine them as permitted by the law.

This is the first time that covered witnesses are being introduced in Pakistan in view of several instances in which they were gunned down in Karachi, resulting in the acquittal of the dangerous criminals by courts, he said.

However, hooded accused, who are considered very dreadful, are already being presented in courts with masks on their faces. Even during questioning, their faces are covered to hide the identity of the investigators.

At present, the law provides for 30-day detention, a period, which has been suggested to be raised to 90 days in case of the arrested criminals in Karachi.

The source said the government would be satisfied if a superior court takes up the case of such a detained criminal just a few days before the expiration of the 90-day detention period. This will provide sufficient time to the investigators to question the accused.

“Intensive investigation of target killers, extortionists, kidnappers for ransom and mafia members will be required as a ‘wagon wheel’ has to be built about their contacts through modern gadgets, which may not be possible in 30 days,” the source said.

“For example, if an arrested criminal used a dozen or more mobile phone SIMs over the past few years to commit heinous crimes, every card has to be followed closely to ascertain as to which persons he contacted or got orders and from where he received arms. This can’t be done in a short period of time but will certainly require a lot of time,” the source said.

However, quoting an investigator, he said, if a criminal ‘confesses’ during questioning, each and every confession would need unimpeachable evidence that stands judicial scrutiny in a court.

Another major highlight of the proposed law, according to the source, is that the police, and not the Rangers, will be the prosecuting agency in the trial of dreaded criminals.

However, the cases will be registered with the active involvement of the Rangers in the designated five police stations in the Karachi districts so that there is no loophole.

The source said that one police station in every district has been selected for lodging of such cases so that there is no dispute of jurisdiction among police stations that usually occurs.

The protection of witnesses and their production in courts would be the joint responsibility of the Rangers and the police, the source said, adding that the two forces would be part of the joint investigation team (JIT) that would question the arrested criminals.

Besides, experienced officials of the Military Intelligence, Inter-Services Intelligence, and Intelligence Bureau will join the JIT. Its findings would be accepted by the ATCs.

Special investigators will be picked from the Sindh police force for the job. In addition, special prosecutors will be appointed from amongst the credible lawyers for the trial of the criminals, the source said.

He said that the Federally Administered Tribal Areas (FATA) would also be brought in the purview of the ATA so that investigations were not hampered.