Islamabad:
As the fate of dozens of Pakistan Tehreek-In-Insaf (PTI) legislators hangs in the balance sheet, Chief Justice for Pakistan (CJP) hangs Yahya Afridi taken with regard to a letter written to him by opposition leader Omar Ayub, who called on the country’s top judge to secure trials in the May 9 case.
CJP chose not to take up the case through litigation. Instead, he decided to meet Ayub personally in Peshawar, with the meeting expected to take place on Friday.
However, sources have revealed that a judgment in a May 9-related case in which Omar Ayub is an accused could soon be announced by Anti-Terrorism Court (ATC) in Faisalabad. Opposition leader in the Senate Shibli Faraz is also named in the same case and has separated a letter to CJP on Wednesday.
In the event of Ayub’s conviction, the proposed meeting may not go ahead.
Adding to the internal turmoil expressed a PTI lawyer frustration over the party’s legal strategy or lack of them in handling cases on May 9. He pointed out that the party should have contested the several first information reports (FIRS) earlier and contested the Supreme Court order, which instructed the ATCs to complete these trials within four months.
This would not be the first time CJP Afridi has engaged in political figures. In the past, he has met both government and opposition leaders to discuss legal reforms. He had also referred a letter by PTI founder Imran Khan to SC’s constitutional bench committee for reconsideration.
While CJP is focused on accelerating trials in connection with the events on May 9, legal experts notice that he lacks constitutional authority to take SUO MOTU acts on PTI’s complaints. According to the procedure, he can only instruct his staff to present Ayub’s letter to the CB Committee, led by Justice Aminuddin Khan, to possible court checks.
Back in April, instead of deciding dozens of pending guarantee care on profits, a three-member bench headed by CJP Afridi ATCs for completing May 9 within four months. PTI leaders have since claimed that SC is abused against opposition figures.
Senior lawyers claim that the Apex Court seems not to have learned from the Panama Papers episode, where the determination of stiff deadlines led to the perception that the judiciary facilitated beliefs of Sharif family members.
In his detailed four-page “Appel”, Omar Ayub complained alleged irregularities in the trial. The ATCs, which are bound by the tip court’s instructions, are expected to complete all cases on May 9 before the first week of August.
According to Ayub, the integrity of Pakistan’s legal process is under serious threat, as these litigation intended to maintain justice has turned into tools for political persecution.
According to Omar, the integrity of Pakistan’s legal process is under severe threat, as these litigation, which are assumed to exemplify justice, has instead become a means of political persecution. “The ATCs in Lahore, Faisalabad, Sargodha and other cities belong to cases related to May 9 with a speed and way that shocks the conscience of any impartial observer.
“Hearings begin early in the morning and extend late at night; in fact, it is reliably reported that the procedure will continue in some cases until 02:00 to 3:00.” 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 case law, as it ignored 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 solemn service’s solemn obligation to carry out litigation with dignity, transparency and impartiality.
He also referred to the motto of the Supreme Court in Pakistan that justice should not only be done, it must obviously and undoubtedly be seen to be done. He regretted that this cardinal principle during May 9, this cardinal principle had been systematically violated.
Omar claimed that the management, workers and supporters of PTI were unlawfully implicated through a process that seemed to be Mala Fide and politically motivated. Police reports and prosecutions lack credible evidence and are filled with procedural irregularities, he added.
He also told several cases of prosecution and police mismatch, including the production of fours, forced interrogation tactics and selective registration of cases against opposition tasks, all undermining the rule of law and public confidence in the justice system.
With reference to the right to election of election, he said that a fundamental right laid down in Article 10a of the Constitution has been trampled. He said that the ATCs often deny interruptions and in many cases threaten or continue to appoint state advisers without the consent of the defendant.
“This practice not only violates constitutional guarantees, but also violates internationally recognized fair trial standards. Including those described 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 attempts are allowed to continue under the current conditions – Hurried, secret and politically charged, the damage to Pakistan’s legal reputation and people’s confidence will be irrevocable.”
