The apex court has directed anti-terrorism courts (ATCs) to conclude trials of May 9 rioters in four monthsan order that may have implications for former prime minister Imran Khan.
The court has also ordered the trial courts to submit fortnightly progress reports in respective provincial high courts with regard to the trials.
A three-member regular bench of the Supreme Court led by Chief Justice of Pakistan (CJP) Yahya Afridi on Tuesday heard the Punjab government's petition seeking cancellation of bails given to people accused of resorting to vandalism after the arrest of Imran Khan on May 9, 2023.
During the proceedings, the lawyer representing designer Khadeja Shah, one of the May 9 accused, urged the bench to ensure protection of his client's fundamental rights.
Responding to the request, CJP Afrifi asked the lawyer and his client to have faith in the ATCs and let them decide the cases. Addressing Khadeja's lawyer, Justice Salahuddin Panhwara member of the benchsaid it was merely his impression that his client's right could be violated.
The CJP noted that law clearly states that ATCs would hold trials on a daily basis. Khadeja's counsel, Sameer Khosa, asked how trials could be concluded in four months given the fact that his client was nominated in a number of First Information Reports (FIRs).
PTI's Faisal Chaundhry Advocate, who was present in the courtroom, agreed with the contention of Khadeja's counsel. "Thirty-five cases are registered against us. How could ATCs decide so many cases in just four months?" he asked.
The CJ asked Chaudhry as to who he was representing. The lawyer replied that he was representing a co-accused Fawad Chaudhrya former PTI leader and federal minister. Upon this, Justice Yahya noted that the bench would not hear him as the case of his client was not listed for hearing.
Faisal stated that though his client was not a party in the instant cases yet the SC's observations and directions had bearing on him. "My client is facing 35 FIRs across Punjab for a single occurrence. This is a violation of settled principles."
He said the ATCs are conducting trials of May 9 accused in military courts' style.
"Our fundamental rights of fair trial have been negated by trial courts. The prosecution's criteria for involving people in May 9 cases is simple: Those who left the PTI have been left off the hook while those who did not are facing multiple trials.
He pleaded for listing his case for hearing. The CJP observed that the other cases related to May 9 will be listed for hearing on next Monday and Tuesday.
Justice Afridi noted that he was the chief justice of the Peshawar High Court when Mashaal Khan was lynched by a mob at Mardan University. "An ATC concluded the trial of Mashaal Khan case in three months. Kindly have trust in ATCs. They can perform," the CJ added.
Talking to The Express Tribune, Faisal Chaudhry said he was rather amazed by the absence of PTI's legal team as the SC's directive will equally affect PTI founder Imran Khan, who is a co-accused in many May 9 cases including the GHQ attack case.
"ATCs are holding joint trials of the May 9 accused. Therefore, directions for one of the accused apply to all co-accused," he added.
Faisal said the SC's intention may be bona fide. However, he feared, the ATCs will misconstrue the apex court's order and will award sentences to the accused without following the principles of fair trial and by overlooking evidence.
Punjab govt's report
The Punjab government submitted a report to the Supreme Court regarding the violent incidents of May 9, stating that the riots caused a loss of Rs197 million in Punjab, and 24,595 accused in the May 9 cases are still at large.
According to the report, acts of vandalism and property damage occurred in 38 cities across Punjab on May 9. In Lahore alone, property worth Rs110 million was damaged. Similarly, damages in Rawalpindi amounted to Rs26 million, and in Mianwali to Rs50 million.
The Punjab government's counsel stated in the report that May 9 was not merely a protest or a rally, but an attack on an institution.
According to the report, 319 cases were registered in 38 districts of Punjab in connection with the May 9 incidents. The total number of accused in these cases is 35,962, out of which 11,367 have been arrested.
The report further states that the violent protests on May 9 caused the country a total loss of Rs 197.348 million, and 152 police officers and personnel were injured due to the violence.
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