ISLAMABAD
\nA six-member bench of the Supreme Court of Pakistan on Tuesday resumed hearing pleas against trials of civilians in the military courts. The bench headed by Chief Justice Umar Ata Bandial, comprises of Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Akbar Naqvi and Justice Ayisha Malik.
\nDuring today\u2019s proceedings, Attorney General for Pakistan (AGP) Mansoor Usman Awan told the apex court that no civilian was being tried in military courts at the moment. The AGP reply came after Chief Justice of Pakistan (CJP) Umar Ata Bandial had on Monday asked the AGP to \u201creassure\u201d him that no such trial would occur as long as the case was being heard in the court.
\nThe AGP said that no trial of civilians was currently underway. Subsequently, PTI chief Imran Khan\u2019s lawyer Uzair Bhandari in his arguments said that a civilian could not be court-martialled. Referring to yesterday\u2019s press conference by the military, he said that ISPR Director General spokesperson Maj Gen Ahmed Sharif Chaudhry stated that 102 people would be tried in military courts.
\nHowever, Attorney-General for Pakistan (AGP) Mansoor Usman Awan interjected and said, \u201cI stand by what I said yesterday, that 102 people are not being tried.\u201d
\nIn his yesterday remarks, CJP Bandial said he hopes no military trial of civilians will be conducted while proceedings are ongoing. \u201cAll the 102 people currently in the military\u2019s custody should be allowed to meet their families,\u201d he observed.
\nThe federal government noted that one of the petitioners, Jawwad S. Khawaja, was related to Justice Mansoor Ali Shah. Rescuing himself from the case, Justice Shah pointed out that this fact was highlighted at the very first hearing.
\nThis was the second time the bench stood dissolved. Earlier, Justice Qazi Faez Isa had said he did not consider the SC bench \u201ca proper court\u201d, with Justice Sardar Tariq Masood also endorsing his point of view.
\nThe PTI chief\u2019s lawyer, Hamid Khan, came to the rostrum and said: \u201cOur petition has not been given number yet,\u201d adding: \u201cOne of our pleas in the petition related to the military court.\u201d
\n\u201cWhy don\u2019t you amend your petition, you have made several pleas in your petition,\u201d CJP Bandial said. \u201cI will emphasize only on the plea with regard to military courts,\u201d Hamid Khan said. \u201cWe will look into the matter later,\u201d CJP replied. \u201cWe are getting out of a setback, different ploys being exercised instead of the constitution or law in the case, these practices will serve no good,\u201d he further remarked.
\nThe counsel of former chief justice Jawad S. Khawaja submitted his written contentions in the court. Petitioner Junaid Razzaque\u2019s lawyer, Salman Akram Raja in his arguments said that the matter of his client\u2019s son has been in military court. \u201cOnly a judge posted under Article 175 could conduct trial,\u201d the counsel said.
\n\u201cThe FPLE case decision says that the principle of the division of powers was not clear,\u201d lawyer said. \u201cHow the FPLE matter related with this case,\u201d Justice Ayisha Malik questioned. \u201cI will repeat my earlier question that how the section 2 of the Army Act applied,\u201d the Justice Malik asked.
\n\u201cEven the court martial of the armed forces officers could not be conducted in military courts,\u201d Justice Munib Akhtar asked. \u201cIn the UK and US military officers\u2019 trials conducted in military courts in specific conditions,\u201d lawyer replied.
\n\u201cWhy a constitutional petition related to military courts could not be filed in a high court,\u201d Justice Munib asked. \u201cThe high court could not determine the position of military courts,\u201d Slman Akram Raja said.
\n\u201cAre you arguing that even the military officials court martial could not be conducted,\u201d Justice Munib Akhtar questioned. \u201cThere is no division of the civilian and military officers in the constitution,\u201d lawyer Salman Akram Raja said.
\n\u201cWhether trial of anyone started. It is a hypothesis that when they will begin it should happen this or that way,\u201d CJP said. \u201cNo trial of any person yet conducted in military courts,\u201d the counsel replied. \u201cYour case should be set in that manner that civilians rights should not be curbed,\u201d CJP said.
\n\u201cThe case should not be led to further complications,\u201d he added. Counsel Salman Akram Raja further argued that the case can be conducted in a special court if the trial not affecting constitutional rights. \u201cTrial in banking court or ATC have no impact over the constitutional rights,\u201d he said.
\n\u201cYou are linking clause 3 of Article 175 with basic human rights,\u201d CJP remarked. \u201cIt will thus applicable over the military courts,\u201d chief justice said. \u201cClause 3 of Article 175 becomes effective with fair trial guarantees under Article 9 and 10,\u201d counsel said. \u201cNo person can be deprived of the right of transparent trial,\u201d he added.
\n\u201cShow us a court reference, how Article 175 attaching with the Military Act,\u201d CJP asked. Justice Ayisha Malik said that FBLE case was linked with the retired soldiers\u2019 relation with the military, it has no relevance with this matter.
\n\u201c You tell the court that the trial of a civilian can be conducted in military court. You have challenged clauses of the Army Act without providing reasons,\u201d Justice Malik further said.
\n\u201cThe Supreme Court has set the principle that judicial matters can be run by the judiciary,\u201d Salman Akram Raja said. \u201cThere are various decisions with regard to military court, what you are talking about supports military men, we are simple people tell use in simple words,\u201d chief justice said.
\n\u201cI am only talking on the civilians\u2019 trial in military courts,\u201d the lawyer said. \u201cThen tell us if civilians can be denied of their fundamental rights,\u201d CJP asked. \u201cNo one can be denied of fair trial only leveling an allegation,\u201d lawyer said.
\n\u201cYou are saying military courts are a parallel system that could not be termed as court,\u201d Justice Mazahir Naqvi said. \u201cYes I am saying this as their civilians were not allowed basic rights,\u201d the counsel replied.
\n\u201cUnder the Army Act, military courts conduct trial for breach of discipline. Civilian\u2019s trial in military court is not an issue of discipline violation,\u201d Advocate Raja said.
\n\u201cIt is a good point, are you only challenging the trial of civilian. Are you not challenging the trial of army official,\u201d Justice Ijazul Ahsan questioned. \u201cNo, I am not challenging trial of the army officials,\u201d the counsel replied.
\nLast month, the government decided to try the suspects accused of attacking military installations on May 9 under army laws. Violent clashes broke out across Pakistan after the former prime minister and Pakistan Tehreek-e-Insaf chief Imran Khan was arrested from the premises of the Islamabad High Court (IHC) on May 9.
\nThe protests were held in remote and major cities as the party workers were agitated due to their chairman\u2019s arrest, with Balochistan, Punjab, Khyber Pakhtunkhwa, and Islamabad summoning the armed forces to ensure law and order.
\nArmy installations, Corps Commander\u2019s house in Lahore and General Headquarters (GHQ) in Rawalpindi came under attack during a protest by PTI workers.
\nSo far, a Lahore anti-terrorism court has sanctioned the handing over of 16 May 9 suspects to the military and a Rawalpindi court has approved the handing over of another eight suspects.
\nThe Pakistan Army Act (PAA), 1952, and Official Secrets Act, 1923 allow trying civilians in military courts only in narrowly defined circumstances, including for inciting mutiny, spying, and taking photographs of \u201cprohibited\u201d places. \u2014 DNA<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD A six-member bench of the Supreme Court of Pakistan on Tuesday resumed hearing pleas against trials of civilians in the military courts. The bench headed by Chief Justice Umar Ata Bandial, comprises of Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Akbar Naqvi and Justice Ayisha Malik. During today\u2019s proceedings, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-340240","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n