Civilians trial in military courts
ISLAMABAD
Attorney General (AG) Mansoor Usman Awan has told the Supreme Court (SC) that 102 persons have been selected for court martial with utmost care despite involvement of large number of people in May 9 incidents.
The case of trial of civilians in military court came up for hearing before a six members larger bench of SC presided over by Chief Justice of Pakistan (CJP) Umar Ata Bandial Friday.
AG said in his arguments during the hearing of the case that several people were seen attacking sensitive places in May 9 videos. Only 102 persons are in the list of military trial. They have been selected with utmost care. Attacks were made on army and Air Force installations on May 9. Attacks were made on airbase in Mianwali.
He said such attacks should not be made in future. Reaction shown to these attacks was not such which should have been shown. I had talked of organized plan behind May 9 incidents. I had presented pictures in the court.
Justice Mazahar Ali Akbar inquired who will be tried in military court and who will not be tried therein.
How selection was made in this regard.
AG told the court we are very cautious that against whom case is tried in military court. Utmost care has been shown in running the case against 102 persons in military courts. Incident like May 9 has never happened before in the history of Pakistan.
He further said it is evident from the video clips shown in the court that several people were involved in May 9 incidents. Despite enormity of numbers 102 persons were selected for court martial with utmost care.
He further stated May 9 incident has taken place for the first time in the history of country. We have to curb such incidents in future. Aircraft was attacked in Mianwali. Such attack could be made on ordinance factory or some place else. There is difference between civil crimes and the crimes committed by civilians.
Trials will be held in military courts on offences falling under 2-1/D.
Justice Munib Akhtar raised the question how the trial will be if a quarrel takes place between a civilian and a military man. The law should be very clear.
Justice Ijaz ul Ahsan remarked 21st amendment was made for application of military act to a civilian. Conditions were laid down for application of army act to civilian. The military courts established under 21st constitutional amendment were for a specific period;
Justice Yahya Afridi remarked the way you are giving arguments it seems as if you are negating what you have said. Is army act excluded from ambit of basic human rights.
AG said basic human rights don’t apply to army act.
AG read out section 2(1) b of army act-2015 in the court.
Justice Mazahar Ali Akbar remarked more stress has been laid on terrorist groups in army act 2015.
AG said mention is also made of individuals in the act.
The court adjourned the hearing of the case for indefinite period.
