ISLAMABAD:
As the fate of dozens of Pakistan Tehreek-e-Insaf (PTI) lawmakers hangs in the balance, Chief Justice of Pakistan (CJP) Yahya Afridi has taken cognisance of a letter written to him by Opposition Leader Omar Ayub, who urged the country’s top judge to ensure fair trials in the May 9 cases.
The CJP opted not to take up the matter through judicial proceedings. Instead, he decided to meet Ayub personally in Peshawar, with the meeting expected to take place on Friday.
However, sources have revealed that a verdict in a May 9-related case, wherein Omar Ayub is an accused, could be announced soon by the Anti-Terrorism Court (ATC) in Faisalabad. Opposition Leader in the Senate Shibli Faraz is also named in the same case and has separately written a letter to the CJP on Wednesday.
In the event of Ayub’s conviction, the proposed meeting may not go ahead.
Adding to the internal turmoil, a PTI lawyer expressed frustration with the party’s legal strategy, or lack thereof, in handling the May 9 cases. He pointed out that the party should have contested the multiple First Information Reports (FIRs) earlier and challenged the Supreme Court’s order directing the ATCs to conclude these trials within four months.
This would not be the first time CJP Afridi has engaged with political figures. Previously, he has met both government and opposition leaders to discuss judicial reforms. He had also referred a letter by PTI founder Imran Khan to the SC’s constitutional bench committee for reconsideration.
While the CJP is focused on expediting trials related to the May 9 events, legal experts note that he lacks constitutional authority to take suo motu action on PTI’s grievances. As per procedure, he can only instruct his staff to present Ayub’s letter to the CB committee, headed by Justice Aminuddin Khan, for possible judicial review.
Back in April, instead of deciding dozens of pending bail pleas on merit, a three-member bench led by CJP Afridi directed ATCs to complete May 9 trials within four months. PTI leaders have since alleged that the SC is being misused against opposition figures.
Senior lawyers argue that the apex court appears not to have learned from the Panama Papers episode, where setting rigid deadlines led to the perception that the judiciary facilitated convictions of Sharif family members.
In his detailed four-page “appeal,” Omar Ayub lamented alleged irregularities in the trial proceedings. The ATCs, bound by the apex court’s instructions, are expected to wrap up all May 9 case proceedings by the first week of August.
According to Ayub, the integrity of Pakistan’s judicial process is under grave threat, as these trials, meant to uphold justice, have turned into tools of political persecution.
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 shocks 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 defence, 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 had been systematically violated.
Omar claimed that the leadership, workers, and supporters of the PTI were wrongfully implicated through a process that appeared to be 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 figures, all 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 recognised 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.”
