Opposition leader challenges secret trials law

LAHORE:

Punjab Assembly Opposition Leader Moeen Riaz Qureshi has approached the Lahore High Court (LHC) against recent amendments to theanti-terrorism law through which cases can be tried while keeping secret the identities of judges, prosecutors, lawyers and witnesses.

The amendments were approved by the Punjab Assembly a few weeks back despite strong protest and a walkout by opposition legislators.

Through the newly inserted section 21AAA of the Anti-Terrorism Act, 1997, a special security case mechanism has been created for cases in which participants are considered to require extraordinary protection.

The petitioner criticised the provision and argued that it was unconstitutional.

The plea contended that Section 21AAA conflicted with the existing, near-identical Section 21AA of the act, which vested protective powers in courts rather than the executive. Section 21AAA was, therefore, void under Article 143 of the Constitution, he contended.

The petitioner argued that the provision violated the right to open justice and fair trial under Articles 9, 10-A and 14 of the Constitution, equality before law under Article 25, and separation of powers under Article 175(3), by shifting control over trial procedure from judges to an anonymous executive official.

He also alleged excessive delegation of legislative power, arguing that the law provided no objective criteria for when a case would be qualified to be tried under the special regime.

The petitioner urged the court to declare Section 21AAA ultra vires the Constitution and to suspend its operation, including restraining authorities from classifying any case as a "special security" one, during the pendency of the petition.

Under Section 21AAA, a designated officer of at least BS-20 whose identity would remain confidential can declare a case or a class of cases as special security.