Sectarian Violence And Prosecution Effectiveness
1. Overview of Sectarian Violence in Pakistan
Sectarian violence in Pakistan primarily involves clashes between religious groups, often Sunni and Shia communities, but also includes attacks on other religious minorities. Such violence includes:
Targeted killings
Bombings of religious gatherings
Attacks on shrines, mosques, and processions
Hate speech and incitement leading to communal violence
Legal Framework
Prosecution of sectarian violence relies on a combination of:
Pakistan Penal Code (PPC):
Sections 302 (murder), 324 (attempt to murder), 109 (abetment), 295A–C (blasphemy)
Anti-Terrorism Act (ATA), 1997:
Sections 6, 7, and 11 to prosecute acts of terrorism with sectarian motive
Criminal Procedure Code (CrPC):
Governs FIR registration, investigation, and trial procedures
Protection of Minorities Laws:
Enforceable for safeguarding religious minorities under constitutional guarantees
Challenges in Prosecution:
Fear of retaliation and witness intimidation
Involvement of organized extremist networks
Political and institutional pressure
Difficulty in tracing financial and logistical support
2. Landmark Cases on Sectarian Violence
Case 1: Ashura Blast Karachi (2002)
Background:
Bombing during Ashura procession in Karachi killed over 40 people.
Prosecution Procedure:
Investigation by police and intelligence agencies under ATA.
FIR registered citing sectarian motive and terrorist acts.
ATC trial included witness protection due to high-risk environment.
Verdict:
Conviction of perpetrators; death sentences for primary planners.
Significance:
First major case highlighting ATA application to sectarian-motivated terrorism.
Case 2: Quetta Hazara Killings (2003–2011)
Background:
Series of targeted killings of Hazara Shias in Quetta.
Prosecution Procedure:
Local police, provincial CID, and FIA involved in investigation.
Multiple ATC cases filed; charges included PPC 302, ATA 6 and 7.
Verdict:
Convictions of several militants; life imprisonment and death penalties imposed.
Some cases remain unresolved due to threats to witnesses.
Significance:
Demonstrated challenges in prosecuting long-term sectarian campaigns and the need for coordinated security measures.
Case 3: Imamia Mosque Bombing, Lahore (2010)
Background:
Suicide bombing at Imamia mosque killed 50 Shia worshippers.
Prosecution Procedure:
Multi-agency investigation including ATC jurisdiction.
Extensive forensic analysis, including explosives tracing and CCTV footage.
Verdict:
Convictions with death sentences for attackers; accomplices given life imprisonment.
Significance:
Emphasized importance of forensic evidence in prosecuting sectarian terror attacks.
Case 4: Ashura Bombing, Rawalpindi (2011)
Background:
Coordinated bomb attack targeting Shia procession.
Prosecution Procedure:
ATA charges filed; investigation focused on network involvement and funding sources.
Protection provided to witnesses and victims’ families.
Verdict:
Death sentences for main attackers; financial backers also prosecuted.
Significance:
Showed integration of criminal law and anti-terrorism provisions in sectarian violence cases.
Case 5: Peshawar Sunni-Shia Clash (2013)
Background:
Armed clashes between sectarian groups during Muharram processions.
Prosecution Procedure:
FIRs lodged under PPC 302, 324, 148 (rioting), 149 (unlawful assembly).
ATC trials ensured speedy justice with security arrangements for victims.
Verdict:
Multiple convictions, including life imprisonment and fines.
Significance:
Highlighted courts’ role in managing sectarian conflicts through criminal prosecution rather than mediation alone.
Case 6: Quetta Civil Hospital Bombing (2016)
Background:
Suicide bombing targeting Hazara Shias at a hospital.
Prosecution Procedure:
FIA and police traced attackers to sectarian terrorist network.
Charges included ATA 6–11 and PPC 302/324.
ATC conducted fast-track trial.
Verdict:
Death penalties for bombers; accomplices given long-term imprisonment.
Significance:
Reinforced need for speedy trials and witness protection in sectarian terror cases.
3. Key Observations from Case Law
Role of Anti-Terrorism Courts (ATC):
ATCs are critical for speedy prosecution of sectarian violence.
Multi-Agency Investigations:
Coordination between police, intelligence, FIA, and provincial CID enhances prosecution effectiveness.
Witness Protection Programs:
Essential for convictions due to risk of retaliation.
Financial and Network Tracing:
Successful prosecutions often involve tracing funding and logistics of sectarian networks.
Challenges:
Political influence, intimidation, and ongoing security risks often delay justice.
4. Conclusion
Prosecution of sectarian violence in Pakistan has evolved to rely heavily on:
ATA provisions for terrorism-related killings and bombings
PPC provisions for murder, rioting, and abetment
Judicial oversight and ATC trials for speedy justice
Coordination between law enforcement and intelligence agencies
Landmark cases such as Ashura blasts (Karachi & Rawalpindi), Quetta Hazara killings, Imamia mosque bombing, and Peshawar clashes show that while convictions are achieved, challenges remain in fully dismantling sectarian networks and ensuring long-term protection for affected communities.
RELATED Blog
comments