Supreme Court of Pakistan (SC) likely to announce its verdict on pleas challenging Trials of civilians in Military courts on Tuesday.
A seven-member bench headed Chief Justice of Pakistan Umar Ata Bandial comprising Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, and Justice Mazahir Ali Naqvi, is hearing a set of petitions against military trials after a nine-member bench was dissolved as Justice Qazi Faez Isa and Justice Tariq Masood recused themselves from the hearing.
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We desire to get the results by Tuesday, CJP was quoted as saying while hearing the case. The apex court also directed to avoid harassing lawyers and journalists. “Don’t want to pass judicial order on the issue.”
During the today’s hearing, CJP Bandial remarked that the army can request the anti-terrorism courts to get the custody of civilians for their trial under military laws.
“It’s common sense that crimes under the Official Secrets Act are to be determined by the Army itself and it can request anti-terrorism courts seeking the custody of civilians for trials under army laws,” the top judge remarked.
However, he noted that there was no solid reasoning provided by the Military. “We will ask this from Attorney General Mansoor Usman Awan.
The further hearing on the case has been adjourned until Monday at 9:30 in the morning.
Punjab govt’s report
As per a report submitted by Punjab government, 81 women had been detained following the May 9 mayhem. Of these, 42 have been released on bail, while the remaining 39 are on judicial remand.
Moreover, the report stated that while 3,050 suspects had been found involved in incidents of vandalism following the PTI chief’s arrest, 2,258 detention orders were issued under the Maintenance of Public Order (MPO) Act. Of these, only 21 are currently in jail.
Furthermore, the report added that 1888 people were arrested in the 51 cases registered under the Anti-Terrorism Act (ATA) on May 9. Of these 1888, 108 accused are on physical remand while 1247 are in judicial custody.
Additionally, the identification parade of 33 suspects was conducted while 232 were released on bail. At the same time, 500 people were declared innocent and released.
According to the report, 247 cases were registered under laws other than the ATA. In these cases, 4,119 people were arrested, of whom 86 accused are in physical remand, while 2,464 are in judicial custody.
Moreover, the identification parade of 368 suspects was carried out, and 1201 were acquitted. The report shared that 3,012 people were released on bail in these cases.
Justice Naqvi remarked that the report submitted by the Punjab government did not contain the provisions of the Official Secrets Act,
He asked at which point the provisions of the Official Secrets or Army Act had been added to the cases, and wondered whether a commanding officer could ask for suspects to be handed over if provisions of the Official Secrets Act were not included in the FIR.
Meanwhile, Justice Shah inquired on what basis the army concluded that these suspects committed the crime, while Justice Ayesha asked on what ground the case can be registered under Army Act or Official Secret Act.
At this, Siddiqui said that he was contending the same that the army cannot request the custody of civilians.
9-Member Bench Dissolve
A nine-member larger bench headed by CJP Bandial had taken up the pleas on Thursday. However, the bench was dissolved after two members, Justice Qazi Faez Isa and Justice Tariq Masood, object to it.
Justice Qazi Faez said he was surprised after seeing his name in the cause list last night. The senior-most judge after CJP remarked the SC Practices and Procedure Bill was suspended by an eight-member bench of the apex court even before letting it become law.
The judgment passed by my bench on March 5 was ‘scrapped’ through a circular released by the SC registrar, Justice Qazi Faez Isa said.
He questioned if this was the importance of a decision made by the apex court.
Justice Qazi Faez Isa said he cannot remain part of the bench as he does not consider it a ‘bench’. I will not be part of any bench until the decision is reached on the Supreme Court Practices and Procedure Bill, he added.
Pleas
The petitions against military courts formation were filed by former CJP Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman.
Former chief justice of Pakistan (CJP) Jawwad S Khawaja challenged the trial of civilians in military courts in the Supreme Court (SC), demanding to declare the move ‘unconstitutional’.
The petition named the Federation of Pakistan through secretaries of law and justice, interior, defence, and chief secretaries of Punjab, Khyber Pakhtunkhwa, Sindh and Balochistan as respondents in the case.
CJP Jawwad Khawaja, in his plea, maintained that the trial of civilians by military courts in the presence of civilian ones is unconstitutional. The plea contended that proceedings of a court martial were only appropriate and lawful in the case of army officers.
The plea demanded to declare “any proceedings against civilians on the basis of the impugned sections unlawful”. It prayed the court should direct that such civilians be transferred to the competent civilian authorities for appropriate proceedings before ordinary criminal courts.
The petition came after Chaudhry Aitzaz Ahsan filed a similar petition in the Supreme Court, challenging the trials of civilians in military courts.
