Editorial in Dawn, Dec 16th, 2023
THE special court hearing the high-profile cipher case has accepted a plea from the prosecution seeking in camera proceedings. Consequently, former premier Imran Khan and his foreign minister at the time, Shah Mahmood Qureshi, will now be tried behind closed doors. Of late, hearings were held in Adiala Jail where family members of the accused were able to attend. Now, while their presence may be allowed, they are forbidden from discussing the proceedings in person or on social media. While earlier, select reporters were allowed inside to cover the trial, now print, electronic, and social media all stand barred from reporting on the matter and will be subject to strict consequences under the Official Secrets Act if they do so. Section 14 of the Act, which was invoked by the prosecution, provides for the exclusion of the public from proceedings, but sentencing will take place in public. While it is undeniable that the case pertains to national security and merits caution, it cannot be ignored that Mr Khan and Mr Qureshi were high office bearers and, no matter their alleged offence, should be accorded fair treatment. The case has been nothing short of a roller coaster ride, with matters at one point going back to square one after the Islamabad High Court found the jail trial illegal. These very pages had expressed hopes that with a fresh start, things would proceed in a fair and transparent manner. This fresh development has put a damper on such hopes.
The court must consider that in such high-profile cases, proceedings held away from the media eye will only invite undue speculation and arouse suspicion. As it is, relatives have pointed out issues in procedure. Mr Qureshi’s daughter had questioned the manner in which Mr Khan and her father were recently re-indicted, claiming no formal framing of charges. PTI lawyer Sardar Latif Khosa also claimed that family and media members were unable to hear proceedings from where they were seated. That being said, parts of the trial that require discussion on contents of the cipher itself may certainly be held in camera to ensure secrecy. As is often repeated, justice must not only be done but also be seen to be done. The court must remember that true justice shines brightest when it is conducted under the unwavering gaze of a vigilant public. https://www.dawn.com/news/1798325/hidden-trials
Hidden trials
Editorial in Dawn, Dec 16th, 2023
THE special court hearing the high-profile cipher case has accepted a plea from the prosecution seeking in camera proceedings. Consequently, former premier Imran Khan and his foreign minister at the time, Shah Mahmood Qureshi, will now be tried behind closed doors. Of late, hearings were held in Adiala Jail where family members of the accused were able to attend. Now, while their presence may be allowed, they are forbidden from discussing the proceedings in person or on social media. While earlier, select reporters were allowed inside to cover the trial, now print, electronic, and social media all stand barred from reporting on the matter and will be subject to strict consequences under the Official Secrets Act if they do so. Section 14 of the Act, which was invoked by the prosecution, provides for the exclusion of the public from proceedings, but sentencing will take place in public. While it is undeniable that the case pertains to national security and merits caution, it cannot be ignored that Mr Khan and Mr Qureshi were high office bearers and, no matter their alleged offence, should be accorded fair treatment. The case has been nothing short of a roller coaster ride, with matters at one point going back to square one after the Islamabad High Court found the jail trial illegal. These very pages had expressed hopes that with a fresh start, things would proceed in a fair and transparent manner. This fresh development has put a damper on such hopes.
The court must consider that in such high-profile cases, proceedings held away from the media eye will only invite undue speculation and arouse suspicion. As it is, relatives have pointed out issues in procedure. Mr Qureshi’s daughter had questioned the manner in which Mr Khan and her father were recently re-indicted, claiming no formal framing of charges. PTI lawyer Sardar Latif Khosa also claimed that family and media members were unable to hear proceedings from where they were seated. That being said, parts of the trial that require discussion on contents of the cipher itself may certainly be held in camera to ensure secrecy. As is often repeated, justice must not only be done but also be seen to be done. The court must remember that true justice shines brightest when it is conducted under the unwavering gaze of a vigilant public. https://www.dawn.com/news/1798325/hidden-trials
Published in Pak Media comment