May 9 trials: Dy Opp leader writes to CJP for independent judicial mechanism
LAHORE: Deputy Opposition Leader in Punjab Assembly Moeen Riaz Qureshi has demanded Chief Justice of Pakistan Yahya Afridi intervene and constitute an independent judicial mechanism to examine the legality and propriety of the May 9 trials across Punjab.
In a four-page letter on Monday, he requested the CJP to open the May 9 trials proceedings to legitimate public and media oversight, thereby ensuring transparency and restoring public confidence.
The letter, also sent to Lahore High Court Chief Justice of Pakistan Aaliya Neelum, says the ongoing May 9 trials, currently being conducted in cities such as Lahore, Faisalabad, Rawalpindi and Sargodha present not only a judicial anomaly but a constitutional crisis, striking at the heart of fair trial rights and the dignity of the legal process.
What has been witnessed over the past several weeks is unprecedented with the courts, particularly anti-terrorism courts, holding sessions from early morning until late into the night, some reportedly lasting until 2am or 3am, Mr Qureshi said.
“Such relentless scheduling is not an expression of judicial efficiency – it is a grave departure from natural justice, impairing the concentration, fairness, and procedural balance necessary for a proper adjudication,” he stated.
The deputy opposition leader said the May 9 cases involved hundreds of individuals, including leadership, workers, and sympathizers of Pakistan Tehreek-i-Insaf, who have been implicated in what appears to be a malicious and politically driven campaign.
Mr Qureshi wrote that there were selective FIRs, arbitrary detentions and coercive police conduct that subverted the very presumption of innocence upon which the justice system was founded. He stated even more disturbing was the procedural haste with which these trials were progressing. “The accused are being denied reasonable adjournments, and when lawyers seek time to prepare or are unavailable, state counsels are imposed without consent, a clear violation of Article 10A of the Constitution, which guarantees the right to a fair trial.”
“It is deeply alarming that these proceedings are not only violating domestic constitutional guarantees but are also in breach of Pakistan’s international obligations, including under the International Covenant on Civil and Political Rights (ICCPR).
The Covenant mandates that all individuals charged with criminal offences must be given adequate time and facilities for the preparation of their defense, and tried by an independent and impartial tribunal,” he said and added that the jurisprudence had long upheld these values.
Mr Qureshi also quoted former Chief Justice Ajmal Mian as saying, “Where the courts fail to assert their independence, the rule of law is the first casualty.”
The deputy opposition leader urged the CJP to ensure that all proceedings were conducted during reasonable court hours to protect against physical and mental exhaustion, and to preserve procedural fairness.
He stressed the chief justice should reinforce the right of the accused to be represented by counsel of their own choosing, without interference or substitution by state-appointed lawyers.
Mr Qureshi also urged the CJP to investigate credible allegations of prosecutorial abuse and police misconduct associated with these cases; and review and revisit trials already concluded under questionable procedural settings, where constitutional guarantees were clearly breached.
Published in Dawn, July 29th, 2025