SC orders ‘certain concessions’ for May 9 accused
ISLAMABAD: The Supreme Court on Friday ordered anti-terrorism courts (ATCs) to ensure that rights to a fair trial are not hindered at any cost while hearing cases of the accused involved in the May 9, 2023 acts of arson and attacks against military installations.
A three-judge bench headed by Chief Justice of Pakistan (CJP) Yahya Afridi issued the order while hearing a number of appeals related to cases moved by the prosecutor general for Punjab seeking cancellation of bails or the transfer of cases of suspects involved in the May 9 incident.
The set of appeals was filed by the State for the cancellation of bail of the accused granted by the Lahore High Court (LHC).
Special Prosecutor Zulfiqar Naqvi representing the State highlighted during the hearing that certain findings recorded in the high court order under challenge were beyond the mandate of law and were against the material before the ATC and LHC.
Asks ATCs to consider exemption pleas to save accused from long travel; HCs asked to move trials to hometown of suspects
Authored by CJP Yahya Afridi, a three-page order noted that accused in some cases have been nominated in multiple FIRs, leading to trials, which were pending before different ATCs. Consequently, it may not be possible for the accused to appear in person before all of courts.
Therefore, their applications for exemption should be considered by ATCs in accordance with the law, the order explained. The SC order also observed that it had been informed to the court during the hearing that in some cases the accused have not been provided the copies of the charge and the testimony of prosecution witnesses, which requires them to prepare effective defence as mandated under the enabling provisions of the law and Article 10-A of the Constitution.
In the light of the peculiar circumstances, the large number of accused, the multiplicity of cases arising from the cases of similar nature reported separately and the considerable number of prosecution witnesses, the top court observed that the trial in the present case be concluded within four months from the date of receipt of this order.
Referring to complaints regarding the venue of ATCs in different districts, the top court asked the respective chief justices of high courts and administrative judges of ATCs to consider the aspect to shift the accused before the trial courts of the cities from where the accused belongs to.
The court also asked HC chief justices to seek fortnightly reports from ATCs/administrative judges of the trial courts to ensure that not only the proceedings were carried out fast and in accordance with law, but also the rights to fair trial of the accused-respondents were not hindered.
However, the order will not preclude the prosecution from renewing its plea if any of abuse of bail or non-cooperation by the accused was brought on record, in consequence, the order said, adding the might of the law should prevail.
The additional prosecutor-general of Punjab also informed the court that the challan in this case has been submitted. The court, however, noted that it would not be appropriate for the SC to pass any finding on merits, lest it may prejudice the case of either party during the trials.
The court said it was mindful of Section 19(7) of the Anti-Terrorism Act, 1997, in which a trial was to be concluded within seven days by ATC and failure to do so entails duty on the trial court to inform the chief justice of the high court concerned for appropriate directions.
Published in Dawn, April 19th, 2025