Islamabad:
The Apex Court finally made a written order, ordering the anti -terrorist courts (ATC) to conclude the trial of the accused involved in the May 9 incidents within four months.
However, the Tribunal ordered the ATCS to ensure that the rights of respondents accused of a fair trial should not be hampered in any way.
“We are aware of paragraph 7 of article 19 of the 1997 law on terrorism, where a trial must be concluded within seven days by the anti-terrorist courts, and non-compliance with this implies duties,” said a written order to three factories issued in a case where the state of the State had approached the Apex court.
“However, in the light of the particular circumstances, in particular the large number of accused, the multiplicity of cases resulting from cases of similar nature reported separately and the considerable number of dependents, we order that the trial in this case is concluded within four months from the date of receipt of this order”, adds the order.
“We also direct anti-terrorism court to ensure that the rights of the accused at a fair trial should not be hampered in any way.”
Instead of deciding dozens of assistance questions on merit, the bench of three judges led by the chief judge of Pakistan (CJP) Yahya Afridi opted differently by ATC to conclude trials in the cases of May 9 in the four months.
The PTI legal team already expresses an apprehension on the order written for its probable use against the accused. The superior lawyers say that he seems that SC has not learned the lesson in the case of Panama in which the deadline was given to conclude the Sharif family. Later, SC was blamed to provide facilitation to members of the Sharif family.
Earlier, the Ministry of Punjab submitted a report to the Apex Court in which it was informed that 319 FIR in total were recorded in different Punjab provinces. Up to 35,962 accused were appointed in which 11,367 were arrested. 24,595 accused are free. The final challans are subject in 307 cases.
The order notes that the court has been informed that, in some cases, the accused of the respondents were appointed in several FIRs, leading to trials, which are in instance before various anti -terrorist courts.
“Consequently, it may not be possible for them to appear in person before all courts, and therefore their requests for exemption, if necessary, must be considered in accordance with the law.
“Likewise, we have also been informed that, in some cases, the accused did not receive the copies of the accusation and the testimony of witnesses to the prosecution, who oblige them to prepare an effective defense as obliged by the authorization provisions of the law and article 10-A of the Constitution”
“This aspect of the question also requires the attention of anti -terrorist courts.
For the compliance of the instructions, the ordinance said that the provincial chief concerned, if they deem appropriate, could call a bimonthly report of the anti -terrorist courts / administrative judges of the anti -terrorist courts to guarantee that not only the procedures are carried out quickly and in agreement with the law, but also the rights of the fair trial.
However, this order does not prevent the accusation from renewing its advocacy if an abuse of surety or non-cooperation by the accused is registered, consequently, the power of the law must prevail, indicates the order.
Commenting on the order, former federal minister Chaudhry Fawad Hussain said that the Supreme Court in this case worked more as an administrative body rather than a legal body.
“In essence, the order issued is purely administrative and lacks judicial directives. Each paragraph of the order contradicts the others. For example, while a section obliges the end of the test within four months, another obliges the judges to the ATC to comply with all procedural requirements and to manage cases involving cases involving 24,000 people accused in the context of several months of prudence Persons accused in four months of prugee, prudence, judgments will be involved 24,000 people accused in four months for the judgments which have supported themselves for the judgments which take care of 24,000 people accused within two months of the concern their rights?
Sameer Khosa, who was adviser to the accused, said the concern has always been that the accused before the anti -terrorist courts should receive a fair trial.
“The trials of May 9 were clearly used as a political engineering tool with those who deserted a completely absolved political party of all the accusations. In this situation, it is clear that any independent and fair decision in these cases is sure to absolve the many accused.”
Khosa also indicates that a direction to conclude the trials of the Supreme Court may tend to encourage anti -terrorist courts to trample the rights of the accused by giving no time sufficient to examine and put in place a defense. This has been raised before the Supreme Court and we can only hope that the courts of first instance as well as the high lessons will implement the parties of the judgment which categorically indicate that the rights of the accused are protected in any way, “said Sameer Khosa Advocate.
