Karachi, Court reporter: In a significant legal confrontation, the High Court of Sindh has denied the Government’s request to transfer a high-profile terrorism case from Karachi to Islamabad. This case, which involves allegations of terrorist financing and espionage connected to the Indian Spy Agency, Research and Analysis Wing (R&AW), has captured national attention due to its implications for Pakistan’s security and judicial integrity.
The Case: Accusations and Investigation
The case in question, formally registered as Special Case No. 135/2020, is currently under trial in the Anti-Terrorism Court (ATC) No. XII in Karachi. The accused individuals – Muhammad Shahid alias Mutahida, Majid Khan alias Akbar, Adil Ansari alias Majid, and Siraj Ahmed Khan – are alleged to have deep ties with R&AW, through which they orchestrated and financed terrorist activities within Pakistan, particularly targeting Karachi.
The Federal Investigation Agency (FIA), which has been leading the investigation, initially registered an enquiry against these individuals on 21st April 2020. This enquiry was later escalated to a formal First Information Report (FIR No. 02/2020), citing offences under Pakistan’s Anti-Terrorism Act of 1997 and the Foreign Exchange Regulation Act (FERA) of 1947. The FIA’s findings were damning: the accused were reportedly involved in sending encrypted emails containing sensitive information about key Pakistani installations to their handlers in India. These communications were allegedly used to plan and execute terrorist activities, including targeted killings.
A Joint Interrogation Team (JIT) was constituted on 25th March 2020 to delve deeper into these allegations. The JIT’s investigation revealed that the accused had received substantial funding and strategic directions from R&AW, aimed at destabilising Karachi through a campaign of violence and terror.
The Government’s Concerns: Safety and Fair Trial
Given the severity of the accusations and the national security concerns at stake, the Ministry of Interior, supported by the Ministry of Law & Justice, took the extraordinary step of seeking a transfer of the case from Karachi to Islamabad. This move was driven by fears for the safety of the prosecution team and witnesses, many of whom have faced serious threats during the trial. Several prosecutors have already resigned or refused to proceed, citing an inability to guarantee their safety in Karachi.
The Government’s application for the transfer, submitted as Criminal Transfer Application No. 140/2022 by the State through the Additional Attorney General for Pakistan, Sindh, argued that the prevailing security situation in Karachi posed an insurmountable challenge to conducting a fair and uninterrupted trial. The application pointed out that shifting the case to Islamabad, a location deemed to be more secure, would not only protect those involved but also ensure that justice is served without undue influence or intimidation.
The Court Proceedings: Arguments and Deliberations
The request for the case transfer was met with stiff resistance from the defence counsel, representing the accused, who are reportedly affiliated with the Muttahida Qaumi Movement-London (MQM-L). The defence argued that the prosecution’s concerns were exaggerated and unfounded. They asserted that the trial in Karachi had proceeded without any reported incidents of intimidation or threats to the prosecution or witnesses. The defence further claimed that the transfer request was rooted in political motives, aimed at shifting the trial to a jurisdiction where the Government could exert more control.
The High Court of Sindh, presided over by the Chief Justice, carefully considered the arguments from both sides. The Court placed significant emphasis on the principle that court jurisdiction is not to be lightly disturbed. Transfers, the Court noted, should be reserved for cases where there is clear, compelling evidence of necessity. The Court found that the security concerns raised by the prosecution, while serious, were not substantiated by concrete evidence that could justify the extraordinary measure of relocating the trial.
Moreover, the Court pointed out that the inconvenience caused to the prosecution team, which is based in Islamabad, did not constitute a sufficient reason for transfer. The judiciary’s role, the Court underscored, is to uphold the integrity of legal proceedings, ensuring that justice is not only done but seen to be done within the established legal framework.
The Verdict: Upholding Jurisdiction
In its ruling, the High Court of Sindh rejected the transfer application, affirming that the trial would continue in Karachi. The Court’s decision is a reaffirmation of the importance of judicial jurisdiction and the principle that trials should be conducted where the offences are alleged to have occurred, unless there are overwhelming reasons to do otherwise.
The ruling represents a significant setback for the Government, which had hoped to mitigate the risks associated with prosecuting a case of this magnitude in Karachi. The decision also sets a precedent for how courts may handle future requests for case transfers, particularly in instances involving national security and high-profile defendants.
The Road Ahead: Potential Appeals and Implications
Following the High Court’s ruling, the Government is reportedly considering its options, including filing an appeal with the Supreme Court of Pakistan. The outcome of such an appeal could have far-reaching implications, not only for this case but for the broader legal strategies employed in cases involving terrorism and national security.
For now, the case remains in Karachi, where the ATC will continue to hear the evidence against the accused. As the trial progresses, it is expected to draw continued scrutiny, both domestically and internationally, as it touches on critical issues of justice, security, and the rule of law in Pakistan.
