SC adjourns Punjab govt’s appeals against bail granted to May 9 accused

ISLAMABAD: The Supreme Court adjourned for today (Tuesday) the hearing into the Punjab government’s appeals against the cancellation of bail granted by lower courts to the accused involved in the alleged terrorism and arson incidents of May 9 and 10

A three-member bench of the apex court headed by Chief Justice Yahya Afridi and comprising Justice Muhammad Shafi Siddiqui and Justice Shakeel Ahmed heard the case. The court disposed of appeals filed by the Punjab government regarding the transfer of May 9 cases from Judge Ejaz Asif of the Rawalpindi Anti-Terrorism Court and upheld the fine of Rs2.2million imposed by the Lahore High Court on the Prosecutor General of Punjab.

During the proceedings, Chief Justice Yahya Afridi remarked that the court does not wish to interfere in the jurisdiction of the High Court. The counsel or the Punjab government argued that since the judge has already been transferred, the issue now only pertains to the remarks made by the High Court and the fine imposed on the prosecutor general. In response, Chief Justice Yahya Afridi said that the High Court’s decision would not affect their careers. The Chief Justice further said that the Chief Justice of the High Court has to manage the entire province and wanted to send a message to the provincial government through the reference against the judge, which has already been conveyed and agreed upon by the administrative judge. “We do not want to interfere in the High Court’s authority,” Chief Justice Yahya Afridi remarked. Subsequently, the court upheld the Rs2.2million fine and dismissed the related appeals. The Chief Justice remarked, “Just pay the fine; it’s not a big issue.”

The Punjab government had filed a reference against former Rawalpindi Anti-Terrorism Court Judge Ejaz Asif. However, the Lahore High Court rejected the reference and the request to transfer the May 9 cases to another court. The Punjab government then challenged the decision in the Supreme Court.

Appeals for the cancellation of bails granted by various courts to the May 9 arson suspects were also heard. Chief Justice Yahya Afridi noted that some of the findings in the bail decisions were not correct. He proposed directing the trial court to complete the trials within three months and submit progress reports to the High Court every 15 days. The Punjab government’s law officer told the court that they had prepared a summary of the events of May 9. The Chief Justice replied that the court had been waiting for this material but had not received it. The law officer argued that the trial court did not grant the bail under the law, to which the Chief Justice responded that they could order the trial to be completed within three months. If any accused misuses their bail, the law will take its course,” the CJP remarked.

The law officer also mentioned that a state institution was attacked. The Chief Justice again proposed that the trial be completed within three months. “If we cancel the bails, the trial will be delayed,” the CJP said. The law officer, however, assured that the prosecution would complete the trial.

The Chief Justice remarked that the court does not want to make any findings at this stage. The law officer objected that the trial could not be completed in three months, as charge sheets (challans) had not yet been filed. The Chief Justice then suggested ordering that all accused currently on bail join the investigation within seven days while the trial court should then issue verdicts within four months for those who comply.

The law officer, however, sought some time to seek instructions from the government on the court’s options. The court accepted the request and adjourned the hearing until today (Tuesday).