Islamabad:
While the fate of dozens of Pakistani legislators Tehreek-e-insaf (PTI) is at stake, the chief judge of Pakistan (CJP) Yahya Afridi became aware of a letter which was written to him by the opposition chief Omar Ayub, who urged the higher judge of the country to ensure fair tests in the cases of May 9.
The CJP has chosen not to regain the question through the legal proceedings. Instead, he decided to meet Ayub personally in Peshawar, the meeting that should take place on Friday.
However, sources have revealed that a verdict in a case linked to May 9, in which Omar Ayub is an accused, could soon be announced by anti-terrorism court (ATC) in Faisalabad. The head of the opposition in the Senate Shibli Faraz is also appointed in the same case and has written a letter to the CJP separately on Wednesday.
In the event of a condemnation of Ayub, the proposed meeting may not continue.
Adding to internal disorders, a lawyer for the PTI expressed his frustration with regard to the party’s legal strategy, or his absence, in the treatment of cases of May 9. He stressed that the party should have challenged the multiple information reports (FIR) earlier and contest the ordinance of the Supreme Court ordering the ATC to conclude these trials within four months.
It would not be the first time that the CJP Afridi has been engaged in political figures. Previously, he met both government and opposition leaders to discuss judicial reforms. He had also returned a letter from the founder of the PTI, Imran Khan, to the Committee of the Constitutional Bancs of the SC for the review.
While the CJP focuses on the acceleration of trials related to the events of May 9, legal experts note that there is a lack of constitutional authority to take Suo motu measures on the grievances of PTI. According to the procedure, he cannot request that his staff to present the letter from Ayub to the CB committee, led by Judge Amicin Khan, for a possible legal examination.
In April, instead of deciding dozens of unanswered pleads on the merit, a bench of three members led by CJP Afridi ordered the ATC to finish the trials on May 9 in the four months. PTI leaders have since alleged that SC was poorly used against opposition personalities.
The main lawyers argue that the Supreme Court does not seem to have learned from the episode of the Panama newspapers, where the fixing of rigid deadlines has led to the perception that the judiciary has facilitated the convictions of the members of the Sharif family.
In his detailed four -page “call” Omar Ayub deplored the alleged irregularities in the procedure of trial. The ATCs, linked by the instructions of the Court of Apex, should conclude all the procedures of the May 9 cases by the first week of August.
According to Ayub, the integrity of the judicial process of Pakistan is seriously threatened, because these trials, intended to maintain justice, have transformed into tools of political persecution.
According to Omar, the integrity of Pakistan’s judicial process is seriously threatened because these trials, which are supposed to illustrate justice, have rather become a means of political persecution. “The ATCs in Lahore, Faisalabad, Sargodha and other cities hear cases linked to May 9 with a speed and a way that shocks the awareness of any impartial observer.
“The hearings start early in the morning and extend late at night; in fact, it is reported reliably that in some cases, the procedure continued until 2:00 am to 3:00.” It is crushed justice and justice buried under the weight of exhaustion, coercion and haste, “he added.
He declared that such a calendar was unprecedented in the annals of Pakistani case law, because it did not neglect the most basic principles of an equitable trial, including the law of the accused for a significant opportunity to prepare and present a defense, and the solemn obligation of the judiciary to carry out trials with dignity, transparency and impartiality of power.
He also referred to the motto of the Supreme Court of Pakistan that justice must not only be done, but it must be manifestly and without a doubt considered. He regretted that during the May 9 trials, this cardinal principle was systematically violated.
Omar said leadership, workers and PTI supporters were wrongly involved in a process that seemed to be a political and politically motivated motivation. Police reports and proceedings lack credible evidence and are riddled with procedural irregularities, he added.
He also told many cases of exceeding procurements and police misconduct, in particular the manufacture of FIR, coercive interrogation tactics and selective registration of affairs against opposition personalities, all undergoing the rule of law and the confidence of the public in the justice system.
Referring to the right to choice councils, he declared that a fundamental right devoted to article 10a of the Constitution had been trampled on. He said ATC frequently deny adjournment and, in many cases, threaten or proceed to appoint state councils without the consent of the accused.
“This practice not only inflicts constitutional guarantees, but also violates internationally recognized equitable trial standards. Including those stated in the Universal Declaration of Human Rights (Article 10) and the International Alliance on Civil and Political Rights (Article 14), to which Pakistan is a party,” he wrote.
“If these trials are authorized to continue in current conditions – assisted, secret and politically charged, damage to the judicial reputation of Pakistan and the confidence of the people will be irrevocable.”
