Trial of civilians in military courts:
Chief Justice of Pakistan (CJP) Umar Ata Bandial has raised question how the army authorities can arrest any person without charging him.
The CJP further remarked lacuna lies in law. Leveling allegations against any one without evidence is futile and ridiculous. SC resolved in its 1975 decision that it will be decided on judicial side accused is who. The procedure on charging under army act is there in law. Still we are talking in air What offences fall under 2D2. Assistance is required on it. It is interesting thing that what allegations have come to fore with regard to accused persons are not related to official secret act. It has been made clear in Liaqat Hussain case every case cannot be tried in military court. But relevance of case with army act should be proved.
He further remarked morale is most important thing for army. If morale is affected then enemy benefits from it. Lowering the morale of army officers is also offence. Army officers have spirit for rendering sacrifice for their country due to their high morale.
He remarked it should be known to every one on Eid occasion about persons who are under arrest. All should be given opportunity to talk to their family members on the occasion of Eid. Arrange the talks of the accused persons with their family members today. We will now meet after Eid.
The petitions against trial of civilians in military courts came up for hearing before A 6-member larger bench of SC presided over by CJP Tuesday.
On questioning from CJP if there is any issue of death sentence in the present cases, Attorney General (AG) told death sentence can be awarded in the event of foreign contacts. No lawyer has been arrested so far. There is information about one journalist is missing. Imran Riaz Khan is not in our custody. All out efforts are being made for his recovery. No trial has been started so far.It takes time too. The accused will be given opportunity to hire services of the lawyers.
On the onset of hearing President SC Bar Association told the court ” I too want to give arguments for filing petition in this case.
The CJP remarked it is matter of delight that SC bar too is becoming respondent in this case. You should make preparations now. Later we will hear you.
The court adjourned the hearing of the case for indefinite period.
