ISLAMABAD: Leader of the Opposition in the Senate Syed Shibli Faraz has also written a letter to the Chief Justice of Pakistan (CJP) Yahya Afridi, raising an alarm over the ‘grave violations of due process and constitutional guarantees’ in the ongoing May 9 trials.
Shibli’s letter follows a similar one penned by the Opposition Leader in the National Assembly Omar Ayub Khan, who also expressed grave concern over the way the proceedings were being conducted and verdicts given, urging the CJP to intervene.
“The judiciary’s role is more vital than ever in upholding impartiality,” Shibli contended and urged the chief justice to examine all ongoing and concluded May 9 trials for procedural fairness.
Shibli expressed deep concern over the conduct of anti-terrorism courts in cities such as Lahore, Faisalabad, and Sargodha, claiming that court proceedings were being held at an ‘extraordinary pace’ with sessions extending till 2 to 3am, depriving the accused of the right to a fair trial.
He wrote to the chief justice that justice hurried was equally fatal, as the current judicial process risks were becoming a mere ‘facade, bereft of fairness and credibility’.
The opposition leader, who is a PTI senior leader, alleged that the principle of natural justice was being ‘routinely compromised’.
In this connection, he referred to the appointment of state counsel without consent and denial of reasonable adjournments as key violations. These practices directly contravene Article 10-Aof the Constitution and international standards of fair trials, he added.
“The role of the police and prosecution in these cases cannot be overlooked. Reports indicate a disturbing pattern of coercion, selective registration of FIRs and evidence tampering. These practices erode the foundational trust necessary for justice to prevail and violate the constitutional guarantee of equality before the law under Article 25. The rule of law must prevail over the rule of men, lest we slide into tyranny,” he cautioned.
Furthermore, he wrote that the right to legal representation, enshrined in Article 10-A, was being undermined.
“Denial of reasonable adjournments, appointment of state counsel without consent, and hurried proceedings deny the accused the opportunity to mount an effective defence. This violates internationally recognized standards, including the “Basic Principles on the Role of Lawyers” adopted by the United Nations, which affirm that the defendants must have adequate time and facilities to prepare their case,” he claimed.