The Supreme Court of Pakistan on Thursday viewed with concern the massive backlog of cases in the country's Anti-Terrorism Courts (ATCs), as it urged monitoring judges and provincial governments to take steps to improve efficiency of the courts. The meeting, however, skipped the issue of alleged interference by state institutions in the working of ATCs, especially those which are hearing cases regarding the May 9 incidents.
The meeting was held at the Supreme Court and was chaired by Chief Justice of Pakistan (CJP) Yahya Afridi. It was attended by the administrative judges of ATCs along with the top court's Justice Malik Shehzad Ahmed Khan and other monitoring judges. Monitoring judges from the Supreme Court including Justice Jamal Khan Mandokhail (via video link), Justice Muhammad Ali Mazhar, Justice Musarrat Hilali, Justice Malik Shahzad Ahmad Khan and monitoring judges of the ATC courts and prosecutors general from all provinces and the Islamabad Capital Territory (ICT) attended the meeting. The Supreme Court registrar and the Law and Justice Commission secretary also attended the meeting.
The meeting reviewed the performance of ATCs and took stock of key challenges to ensure the swift and efficient dispensation of justice in anti-terrorism cases. During Thursday's meeting, it was revealed that 2,273 cases are currently pending in ATCs, with a significant portion, around 1,372 cases, awaiting resolution in Sindh alone.
CJP Afridi expressed concerns over the backlog and emphasised the importance of expediting these cases to ensure that justice is not delayed.
Sources privy to proceedings of Thursday's meeting disclosed that the top court's Justice Malik Shehzad Ahmed Khan attempted to recall the alleged interference by intelligence agencies in the workings of the ATCs which were dealing with May 9 cases. However, sources added that CJP Afridi interrupted Justice Khan and said that the executive has assured that no interference will occur again.
It is pertinent to mention here that Justice Malik Shehzad Ahmed Khan, when he was serving as the chief justice of the Lahore High Court (LHC), had initiated contempt proceedings over alleged interference in ATCs based on reports shared with the LHC registrar by Sargodha ATC Judge Muhammad Abbas. The ATC judge had accused some officials of the Inter-Services Intelligence (ISI) of harassing and threatening him.
The then-LHC chief justice had issued notices to all respondents, including ISI's Sargodha sector commander, to submit reports through the Additional Attorney General as well as the Punjab Advocate General and noted that Sargodha ATC Judge Muhammad Abbas enjoys a very good reputation and is an honest and hardworking judicial officer.
"The abovementioned judicial officer has levelled very serious allegations in his above-referred reports regarding the threats and harassment given to the said judicial officer and his family and causing restraint in his judicial work," the then-LHC chief justice had noted in his order.
Earlier, at the outset of the meeting, Chief Justice Afridi outlined the purpose of the session — to assess the current status and performance of ATC cases and identify and address barriers to efficient delivery of justice.
He reminded participants of their immense responsibility in dispensing justice, urging them to uphold the law impartially and without fear or favour.
The meeting discussed the key challenges facing ATC courts, including: Ensuring adequate security for witnesses, facilitating online appearances for witnesses, establishing and enhancing the Forensic Scientific Laboratories (FSL) to support evidence-based decisions, creating additional ATC courts to manage high caseloads effectively.
According to the top court's spokesperson office, the CJP issued specific directions that the Sindh FSL help Balochistan operationalise the FSL labs in Quetta. He further directed that the ATC judges completing their term in ATC courts should be accommodated in 'soft positions'.
He further announced that outperforming ATC judges must be accommodated in foreign training with the support of Pakistan's Law and Justice Commission.
The CJP urged the Attorney General for Pakistan and the prosecutors general of each province to take up these issues with their respective governments.
CJP Afridi called for swift and coordinated action to address the infrastructure and resource needs of ATCs, which are essential for delivering timely and fair outcomes in anti-terrorism cases.