JUSTICE DENIED – LIFE DENIED
BIASED AND EXTRAJUDICIAL JUDGMENT OF
ACCOUNTABILITY COURT IN DR FAROOQ SATTAR’S CASE TANTAMOUNT TO SLAYING JUDICIARY
AND DENIAL OF FAIR TRIAL
We have been apprising you of
the developments relating to Dr Farooq Sattar’s unlawful detention since 26
November 1999 and his trial at the Attock Fort in Pakistan.
Dr Farooq Sattar, former Senior
Minister in the Government of Sindh, parliamentary leader of MQM in the
suspended Sindh Assembly, former Mayor of Karachi and senior Member of the MQM
Coordination Committee. The military
authorities and police raided his house on 17 November 1999. He voluntarily offered his arrest on 26
November 1999, after informing the news media in a press conference that
allegations of corruption against him are baseless and a continuation of State
policy of criminalisation of MQM.
On Saturday, 15 July 2000, Judge
Farrukh Latif, heading the Accountability Court at Attock Fort announced the
judgment in the KMC Octroi reference (Reference 1 of 2000) filed by the
National Accountability Bureau (NAB) against Dr Farooq Sattar. He has been
sentenced to 14 years rigorous imprisonment and a fine of Rs 5 Crores (i.e. 50
million rupees). In default of payment
of fine, he shall undergo further rigorous imprisonment for a period of 3
years. In addition, he has been
disqualified for 21 years for seeking or from being elected, chosen, appointed
or nominated as member or representative of any public office or any statutory
or local authority of the Government of Pakistan.
The sentence of the
National Accountability Bureau (NAB) Court is unconstitutional, unlawful,
unjust and discriminatory. It was
evident throughout the proceedings that the accountability court exhibited no
respect to the constitution, justice, fundamental rights and fair play. The proceedings of the case were carried out
with utter disregard to the judicial system, fair play and the Constitution. Furthermore, the case in question is also
pending adjudication in the Supreme Court of Pakistan, therefore, rendering
judgment in this reference amounts to pre-empting the area of decision reserved
by the Supreme Court for itself.
The mysterious shifting of Dr
Farooq Sattar from Karachi prison to Attock Fort on 21 February 2000 was part
of the conspiracy of the Punjabi Establishment to deny him of the ‘right to
fair trial’. The Attock Fort is not
only over one thousand miles from Karachi; it is also in the other province of
the country. It is important to note that by shifting Dr Sattar at such a
remote location, the Establishment made it impossible for his family members to
effectively and regularly communicate with him, thus forcibly and effectively
prevented him from legal assistance.
Furthermore, in total disregard to open and fair trial, a special
“kangaroo” court was established within the Attock Fort. It is also important to mention that the
Attock Fort NWFP (on the border of Punjab) has been notorious for forcible
detention of political opponents of the repressive regimes. It is located at
such a position that it is fully controlled and managed by the Military and
Paramilitary forces.
The sentence of rigorous
imprisonment, fine and disqualification by the “kangaroo court” of NAB against
Dr Farooq Sattar is the continuation of policy of racism, chauvinism and ethnic
cleansing of the Mohajirs by the Punjabi Establishment. The sentence has not been awarded to Dr
Farooq Sattar but it has been awarded to the 22 million Mohajirs living in the
province of Sindh. It was abundantly
clear from the inhuman and degrading treatment meted out to Dr Farooq Sattar
from the day of his voluntary arrest that it is not a judgment of the court but
it is a judgment of the Punjabi Establishment against the entire Mohajir
nation. The process of ethnic cleansing
of Mohajirs has been underway for the past eight years and the recent judgment
of the “kangaroo court” of NAB against Dr Farooq Sattar is a part of this
ethnic cleansing.
The Accountability Courts have
been established under the draconian National Accountability Ordinance
promulgated by the present military regime on the pretext to fight
corruption. However, as the
constitution of the land is in abeyance, therefore, these courts are being used
for political victimisation.
Commenting on the National
Accountability Ordinance the Human Rights Watch in its press release “Clinton
Should Denounce Abusive Law in Pakistan Trial of Political Figure Opens
on Day of U.S. President's Arrival “ of 25 March 2000 stated,
The National
Accountability Ordinance was ostensibly adopted to aid in the fight against
corruption but Human Rights Watch noted that the broad terms of the law violate
international standards and invite selective application against perceived
political enemies. Detainees need not be produced in court within 24 hours, as
otherwise required by Pakistan's Criminal Procedure Code, and bail is
prohibited. The ordinance also allows for expedited trials to be conducted
within thirty days. Convicted persons are automatically barred from holding
political office for twenty-one years.
As far as the credibility of the
judges, particularly the judges of the Accountability Courts set-up by the
National Accountability Bureau run by the military government is concerned, it
is highly questionable as they are under a fresh oath of allegiance to the
military administration of Pakistan.
The US State Department in its
press release of 27 January 2000, has emphatically deplored the act of the present
military government of taking fresh oath of loyalty of judges. The press release goes on to state:
The
government's move undermines the integrity and independence of the judiciary.
By forcing judges to pledge to uphold the Order--which places Pakistan's
Constitution in abeyance--General Musharraf has removed his actions from
judicial review. The military-backed government can now act without facing such
review.
According to the press release
of the International Commission of Jurists of 27 January 2000:
The
International Commission of Jurists (ICJ) and its Centre for the Independence
of Judges and Lawyers (CIJL), voiced
utmost concern over military instructions to judges in Pakistan to take a fresh
oath of allegiance to the unconstitutional army led administration in that
country.
It is a matter of record that
for past many years the MQM has been subjected to a sustained crackdown and a
reign of political victimisation and persecution by the successive regimes. On
one hand, the party has been faced with ruthless Army operation while on the
other it has been subjected to an organised media trial. It is also a matter of
record that brutal torture was inflicted upon the leaders, office bearers,
elected representatives and supporters of the MQM to extract manufactured
confessional statements from them. Those who resisted to such horrifying
torture were extra judicially murdered or maimed for life.
We, therefore, request you to
give due and sympathetic consideration to the current state of affairs in
Pakistan and take immediate steps to:
- Raise your voice against the miscarriage of
justice and denial of fair trial to Dr Farooq Sattar. Use your good offices to stop the
Military regime in Pakistan from violating the Constitution of Pakistan
and the United Nations Charter, Conventions and Covenants.
- Ask the present Military Regime in Pakistan to
respect the constitutional and basic fundamental rights of Dr Farooq
Sattar and immediately arrange to send Dr Farooq Sattar back to Karachi,
so that he can have adequate legal assistance of his choosing.
- We request you to take up this gross
violations of human rights and “right to fair trial” with your appropriate
Ministers and Officials with the view that they raise this brazen
violations with the representatives of the Military Government of Pakistan
during their bilateral meetings.
- Take appropriate steps to end such unwarranted
trials and tragedies against the leaders, office bearers, workers and
supporters of the MQM.
CHRONOLOGY OF DR FAROOQ SATTAR'S UNLAWFUL CONFINEMENT UNDER THE NATIONAL ACCOUNTABILITY BUREAU
|
17 November 1999 |
Illegal and unlawful raid
at the house of Dr Farooq Sattar by the personnel of paramilitary forces and
law enforcement agencies. |
|
26 November 1999 |
Dr Farooq Sattar volunteered
his arrest in Karachi and was immediately taken to unknown destination |
|
3 December 1999 |
Mr Abdul Sattar Pirwani,
father of Dr Farooq Sattar filed a habeas corpus petition in the High Court
of Sindh. |
|
7 December 1999 |
Court issued notices to
Advocate General Sindh and Deputy Attorney General of Pakistan. |
|
14 December 1999 |
Despite of Court Orders, Dr
Farooq Sattar not produced in the Court. |
|
21 December 1999 |
Dr Farooq Sattar was again
not produced before the Court. |
|
27 and 29 December 1999 |
Dr Farooq Sattar was not
produced before the Courts. Hearing adjourned till 3 January 2000. |
|
3 January 2000 |
Dr Farooq Sattar not
produced once again. |
|
4 January 2000 |
Dr Farooq Sattar was produced
before the Court. Advocates and family members were allowed to meet him. |
|
7 February 2000 |
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|
10 February 2000 |
|
|
21 February 2000 |
Instead of producing Dr Farooq
Sattar at NAC II at Karachi for judicial custody or judicial remand to
Karachi Prison on 22 February 2000, he was produced unintimatedly, a day
earlier at the NAC II. He was kept sitting in the mobile and from their he
was rushed to the Karachi Airport to be taken to Islamabad via PIA Flight of
4 p.m. Thereon he was shifted to Attock Fort. |
|
23 February 2000 |
Dr Farooq Sattar completed
his ninety (90) days of detention without any investigation at Attock Fort. |
|
24 February 2000 |
|
|
28 February 2000 |
Shifted to a regular Attock
Jail. |
|
9 March 2000 |
He was produced before the
NAC Attock. |
|
25 March 2000 |
Date fixed by the NAC
Attock for next hearing of the case. |
|
15 July 2000 |
Mr Farrukh Lateef, Judge
Accountability Court announced the Judgment (Reference No 1 OF 2000, Date of
Institution 21 February 2000: Dr Farooq Sattar was sentenced to 14 years rigorous imprisonment and a fine of Rs 5 Crores. In default of payment of fine, he shall undergo further rigorous imprisonment for a period of 3 years. In addition, he has been disqualified for 21 years for seeking or from being elected, chosen, appointed or nominated as member or representative of any public office or any statutory or local authority of the Government of Pakistan. |
|
15 July 2000 |
Dr Farooq Sattar informed
in the judgment that he can file appeal against this judgment within 10 days
to the Lahore High Court. |
|
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