SC asks ATC to decide cases within 4 months
TERENCE J SIGAMONY
ISLAMABAD: The Supreme Court directed Anti-Terrorism Courts (ATCs) to decide the cases of persons allegedly involved in 9th May riots within four months.
A three-judge bench headed by Chief Justice Yahya Afridi, on Tuesday, heard appeals for the cancellation of bails of 9th May accused.
The bench also ordered the ATCs to submit a progress report fortnightly to the chief justices of their respective High Courts. The directive aims to expedite proceedings amid concerns over delays in politically sensitive trials.
At the outset, Special Prosecutor General Punjab Zulfiqar Naqvi submitted that the trials of 9th May accused would be completed within three months. However, CJP Afridi told him that the courts would rather be given four months for the decision on the cases.
Upon that, Sumeer Khosa, representing fashion designer Khadija Shah, contended; “How will the trial be completed in four months? There are numerous cases against my client.” He requested the bench that Khadija’s fundamental rights be protected, to which, CJP Afridi replied: “Have trust in the ATCs. Let the cases proceed.”
The bench observed that the lawyer feared that his client’s right will be affected “based on a certain impression”.
Faisal Chaudhry also raised concerns over the time period, stating: “There are 35 cases against us. The trials won’t be completed in such a short time.”
The chief justice then inquired from him whom he was representing. Faisal replied that he was the lawyer for former PTI leader Fawad Chaudhry, who was a co-suspect in a case.
The CJP said: “We will not hear you, as your case is not fixed today.” Faisal then requested the court to also fix his client’s case for hearing.
Justice Yahya stated that during his tenure as chief justice of the Peshawar High Court the case of lynching of university student Mashal Khan was decided within three months.
Earlier, the court was informed that the ATCs and high courts “did not review the evidence properly”. At this, Additional Prosecutor General Wajid Gillani stated that testimonies of 28 witnesses had been recorded so far.
Subsequently, the bench ruled that the ATCs should decide the cases within four months and present a progress report to chief justices every 15 days.
The court highlighted that it was clearly written in the law that ATCs should hold trial hearings on a daily basis. It ordered: “The suspects’ rights should not be affected due to other cases before the trial court.”
The ATC across the country have been hearing cases over the alleged role of civilians in attacks on army installations during the riots that followed the arrest of former Prime Minister Imran Khan on May 9, 2023. Some courts have issued their judgments, while verdicts against various individuals and PTI leaders are still pending, with some being granted bail.
