Reversal of jail trial decision: Right to fair trial strikes caretakers’ mind at last

ISLAMABAD: The caretaker government rightly nullified a wrong by overturning its earlier decision of holding prison trial of ousted Prime Minister Nawaz Sharif and his daughter Maryam in the Adiala Jail Rawalpindi.

Caretaker Minister for Law and Information Syed Ali Zafar Shah’s assertion that the law ministry’s decision taken on July 13, the day the father and daughter flew back into Pakistan to court arrest, was meant for just one particular day.

However, the law ministry’s SRO No.F.7(18)/2018-D&L signed by Muhammad Umar Aziz, Deputy Secretary, did not mention that the jail trial was intended for only one day. It specified no timeframe, implying that the proceedings in the pending two references against the Sharif family were to be held in jail till their conclusion.

The notification read: “In exercise of the powers conferred by sub-section (b) of section 16 of the National Accountability Ordinance, 1999 (XVIII of 1999), the Federal Government is pleased to specify the central Adiala Jail, Rawalpindi, to be the place where the Accountability Court-I shall sit for trial of References Nos.18/2017 and 19/2017 against Mian Muhammad Nawaz Sharif and others.”

While pronouncing the new cabinet decision, Ali Zafar Shah also quoted article 10A of the Constitution to highlight that fair and transparent trial was the right of everybody across the board.

This excellent article was asserted in the Constitution when the unanimous package of the 18th Amendment was made part of the basic document in 2010. The provision says for the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.

Not only the Sharif family’s lawyers but almost all the legal minds continue to refer and heavily rely on this article while calling for fair trial and due process for all and sundry without discrimination.

The precise reason behind the reversal of the decision by the caretaker setup has gone unexplained, but what is clear is the widespread public denunciation of it. It was stated that never before since the promulgation of the NAB law 19 years back, any accused charged under it has been tried in jail.

Proceedings in some cases in which the accused are arraigned under the Anti-Terrorism Act are at times held in prison when authorities feel that transportation of those involved to and from the courts will be risky and dangerous.

In the instant references heard by accountability judge Muhammad Bashir over the past ten months, Nawaz Sharif, Maryam and Capt. (R) Safdar have appeared before him for more than 100 times and never ever has any security nightmare arisen in the open trial.

Whenever the accused sought exemptions from appearance, these were denied. Now when they are in the custody of the State, they are not being presented before the court.

The former prime minister and his daughter were not produced before Judge Muhammad for the third time on Wednesday when he held brief proceedings. The Sharif family’s lawyer Khawaja Haris said it all when he appeared in the court. “We know the reason behind the jail trial notification – nobody could see or listen to Nawaz Sharif till the July 25 elections.”

When a two-member bench of the Islamabad High Court comprising Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangzeb held a preliminary hearing on the Sharifs’ appeals against Judge Bashir’s decision in the London apartments’ case, it deferred the proceedings till the last week of the current month.

When the accountability court heard the two pending references, it postponed them till July 30. In both cases, the polls will be over by that time.

“Wherever we have gone [seeking relief in the cases against the Sharif family], the NAB prosecutors had always been there, but they were not present in the Islamabad High Court during hearing on our appeals.

Justice should not only be done but it should be seen to be done,” Khawaja Haris emphasised and lamented that he was trying hard to see Nawaz Sharif in jail for the past two days but he had not been given access.

The long adjournment given by the accountability court that was never seen since it launched the hearings in September last showed that there is now no hurry to deal with the two pending references.

Additionally, there is also confusion that the judge faces – he has recused himself from going ahead with these cases for having already decided a reference, and requested the IHC chief justice to transfer them to another judge. He awaits the decision from the IHC boss.