Bail to May 9 accused: Complete trials in 4 months, orders SC

ISLAMABAD: The Supreme Court on Monday disposed of Punjab government’s appeals for cancellation of bails granted to PTI workers on May 9, 2023, in the terrorism and arson cases, directing that the trial be completed within four months.

A three-member bench of the apex court headed by Chief Justice Yahya Afridi, while hearing the appeals of the Punjab government, remarked that if bail is granted on medical grounds, then all prisoners would have to be released.

Counsel for Khadija Shah argued that the court had earlier ordered the completion of the trial in one case within four months, but three more cases have since been registered against her. In response, the Chief Justice said that the legal rights of all accused, including Khadija Shah, would be ensured and that the court order would clarify this. The lawyer stated that while many witnesses’ statements have been recorded, a copy of the charge sheet has not yet been provided, and the independence of trial courts must also be ensured. He mentioned that the judge of the Anti-Terrorism Court (ATC) in Sargodha had written to the High Court regarding this.

The Chief Justice responded that the issue concerning the independence of the ATC had been resolved, advising the parties to read the judgment. He further said that the accused would be provided with all documents, including the charge sheet. Subsequently, the court disposed of the case with the direction to complete the trial within four months.

Separately, during the hearing of the bail application of Ali Raza, accused in the “Jinnah House attack case,” Prosecutor Zulfiqar Naqvi stated that Ali Raza was caught red-handed and is accused of injuring police with stones and sticks. However, the defence lawyer argued that no audio or video evidence is proving his presence at the scene and that he is only 20 years old and is ill. Chief Justice remarked that if bail is granted on medical grounds, then all prisoners would have to be released. Since the accused is a young man, the prosecutor general should personally review the matter”, the CJP remarked and adjourned the hearing of the case until Wednesday.

During the proceedings, accused Fawad Chaudhry came to the rostrum and stated that after the letter regarding the four-month deadline for trials of the May 9 accused was received, ATC courts were turned into military courts.

In response, Chief Justice Yahya Afridi questioned how such a letter could have been received when no court order had been issued yet. The CJP said that if any such letterhad been issued, it would be withdrawn. Prosecutor Zulfiqar Naqvi said he did not know of any such letter, to which Fawad replied that the ATC judge in Sargodha had mentioned receiving such a letter. Fawad Chaudhry further claimed that despite the court’s directions, his cases were still not being scheduled. The Chief Justice assured him that his case would be listed the next day. Fawad responded that although his case was not being scheduled, he was directly affected by the orders in these cases.

Meanwhile, the bench issued notice to PTI leader Umar Sarfraz Cheema in relation to the appeal for his physical remand in connection with the May 9 cases. Cheema, who is currently incarcerated in Kot Lakhpat Jail, was allegedly involved in the May 9 incidents, with the prosecution claiming that weapons needed to be recovered from him.