LAHORE: A member of a Lahore High Court two-judge bench on Wednesday recused himself from hearing the petitions of PTI’s incarcerated leaders challenging jail trials of the May 9 cases against them.

The petitions came for hearing before the bench comprising Justice Asjad Javed Ghural and Justice Ali Zia Bajwa.

However, Justice Bajwa recused himself, observing that he had already refused to hear matters relating to the May 9 riots for personal reasons.

The bench forwarded the petitions to the acting chief justice with a request to fix them before any other bench.

The petitions were filed by Senator Ijaz Chaudhry and former governor Omar Sarfraz Cheema, challenging jail trials in the Jinnah House attack and other cases related to May 9 riots.

The petitions contended that the provincial government, with an ulterior motive, approved jail trials in the FIRs relating to the May 9 protests only to harass the suspects.

They argued that the jail trial could not be termed open and fair as the concept is against the fundamentals of due process of law.

The petitions said the government did not fulfill the requirements under section 352 of CrPC before issuing the impugned notification for the jail proceedings. It maintained that a jail trial is a violation of Article 10-A of the Constitution, which guarantees the right to fair trial and due process of law.

They stated that the trial courts also approved the government’s decision and started the jail trials.

The petitions asked the court to set aside decision of the provincial government and the trial court for being unconstitutional.

Published in Dawn, July 4th, 2024