Ex-governor challenges jail trial

A Lahore High Court(LHC) division bench led by Justice Aalia Neelum has sought responses from the Punjab government and others regarding a petition filed by former governor Umar Sarfraz Cheema, challenging his trial in jail following the May 9 riots.

In his plea, Cheema urged the court to not only overturn the order initiating his jail trial but also ensure that his trial is conducted fairly and openly in court.

He argued that he is entitled to fundamental rights as guaranteed by the Constitution of Pakistan, including the right to liberty, security, fair trial and equal protection under the law.

The petition alleged discrepancies in the legal proceedings, with Cheema pointing out that while the police had filed a report against only five individuals, including himself, the FIR implicated around 400 persons.

He raised concerns about the arrests and subsequent discharge of many accused, suggesting procedural flaws and mala fide intentions.

Cheema also contested the court's decision to conduct the trial in central jail, emphasising that such a move lacked proper authorisation from competent authorities.

He argued that the absence of government approval for holding the trial in jail violated legal provisions and undermined the integrity of the judicial process.

The former governor asserted that the impugned order was issued arbitrarily and without lawful authority, as it failed to adhere to procedural requirements outlined in relevant legislation.

He called for the order to be set aside, citing violations of the Anti-Terrorism Act 1997 and the principles of due process.

Published in The Express Tribune, April 18^th, 2024.