Leader of Opposition Omar Ayub Khan has written a letter to Chief Justice of Pakistan (CJP) Yahya Afridi, appealing to him to intervene to ensure fair trial of people adjudicated in anti-terrorism courts (ATCs) for their alleged roles in rioting after May 9, 2023 arrest of PTI founder Imran Khan.
In the four-page "appeal", the opposition leader, who belongs to the PTI, has highlighted the alleged irregularities happening during the May 9 trials. The ATCs are bound by the Supreme Court to conclude all these May 9 case proceedings by the first week of August.
According to Omar, the integrity of Pakistan's judicial process is under grave threat as these trials, which are supposed to exemplify justice, have instead become a means of political persecution. "The ATCs in Lahore, Faisalabad, Sargodha, and other cities are hearing cases related to May 9 with a speed and manner that shock the conscience of any impartial observer.
"Hearings commence early morning and extend late into the night; in fact, it is reliably reported that in some cases proceedings continue until 2:00 am to 3:00 am. "This is justice crushed and justice buried under the weight of exhaustion, coercion, and haste," he added.
He stated that such a schedule was unprecedented in the annals of Pakistani jurisprudence as it disregarded the most basic principles of a fair trial, including the accused's right to a meaningful opportunity to prepare and present a defense, and the judiciary's solemn obligation to conduct trials with dignity, transparency, and impartiality.
He also referred to the motto of the Supreme Court of Pakistan that justice must not only be done, it must manifestly and undoubtedly be seen to be done. He regretted that during the May 9 trials, this cardinal principle has been systematically violated.
Omar claimed that the leadership, workers, and supporters of the PTI were wrongfully implicated through a process that appeared mala fide and politically motivated. Police reports and prosecutions lack credible evidence and are riddled with procedural irregularities, he added.
He also narrated numerous instances of prosecutorial overreach and police misconduct, including the fabrication of FIRs, coercive interrogation tactics, and selective registration of cases against opposition figuresall undermining the rule of law and public confidence in the justice system.
Referring to the right to counsel of choice, he said a fundamental right enshrined in Article 10A of the Constitution has been trampled. He said the ATCs frequently deny adjournments and, in many cases, threaten or proceed to appoint state counsels without the consent of the accused.
"This practice not only breaches constitutional guarantees but also violates internationally recognized fair trial standards., including those set forth in the Universal Declaration of Human Rights (Article 10) and the International Covenant on Civil and Political Rights (Article 14), to which Pakistan is a party," he wrote.
"If these trials are allowed to continue under current conditionshurried, secretive, and politically charged, the damage to Pakistan's judicial reputation and the people's trust will be irrevocable."
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