Supreme Court annuls trial of civilians in military courts

Islamabad : Oct 22 :The Supreme Court of Pakistan has annulled the trial of civilians in military courts. A 5-member larger bench headed by Justice Ijazul Hassan conducted the hearing. Justice Muneeb Akhtar, Justice Yahya Afridi,
Justice Mazahir Naqvi and Justice Ayesha Malik are included in the larger bench.
The Supreme Court has granted pleas against trials in civilian military courts.

A 5-member larger bench of the Supreme Court, headed by Justice Ijaz-ul-Ahsan, pronounced the verdict.
At the beginning of the hearing, the Attorney General addressed the court and said that I will discuss whether or not to amend the constitution regarding the establishment of military courts, I will also discuss the point that the constitutional amendment in the present case. Why is there no need? He said that the trial in the military courts fulfills all the requirements of the criminal courts.

The Attorney General said that I will give a summary of the previous hearing, I will explain why the constitutional amendment was not necessary for the present trial, I will also discuss Article 175, I will also read the paragraph of the Liaquat Hussain case, the 21st Constitution. I will also argue in the light of the amendment decision, the attack on prohibited areas and buildings can also go to military courts.

He further said that all the requirements of a criminal case will be fulfilled in the trial under the Army Act, the trial of the accused on May 9 will be in the style of a criminal court, the reasons will be given in the decision and the evidence will be recorded, Article 10 A of the Constitution. All the requirements of a transparent trial will be fulfilled, appeals can be made in the High Court and then in the Supreme Court.

The Attorney General said that during the arguments, I will also answer the court’s questions, I will inform the court why military courts were created through constitutional amendment in 2015, I will also tell the court why constitutional amendment is necessary for military courts at that no time.

Justice Ijazul Hassan inquired that who were those who were tried in the military courts of the past. Were the accused in 2015 civilians, foreigners or terrorists?

The Attorney General replied that the suspects included both domestic and foreign nationals, and those who were tried in 2015 included terrorist facilitators.

Justice Ijaz-ul-Ahsan inquired that you are saying that the constitutional amendment was necessary to try terrorists and not for ordinary citizens? I am trying to understand your arguments.

The Attorney General said that there is no need for any amendment if the accused are directly related to the Armed Forces, the accused will be tried under Section Two One D Two of the Official Secrets Act. .

Justice Ayesha Malik inquired how you will connect your arguments with Article 8(3) of the Constitution. According to the constitution, the connection with the armed forces is necessary in law, if your interpretation is accepted, you will bring everyone into it.

Justice Ejaz-ul-Ahsan inquired and said that the law is clear, then how will the accused be related? The Constitution protects fundamental rights.

Meanwhile, the judgment of the case was reserved after the completion of the arguments of the Attorney General, the court remarked that it is possible to pronounce a summary judgment
It should be noted that the federal government had informed the Supreme Court about the commencement of trials of civilians in military courts through a separate petition, in which it was said that in the light of the Supreme Court’s order of August 3, the court should be ordered to start the trials. Being notified.
In the miscellaneous petition, it was stated that 102 persons were arrested in the light of the incidents of May 9 and 10, the trial is being conducted keeping in mind the interest of the detainees and those who are not found guilty in the trial in the military courts should be acquitted.
Earlier, in the cause list issued by the Supreme Court on October 20, it was stated that the hearing of the case against the trial of civilians in the military courts will begin today, Monday, October 23.
It may be recalled that the last hearing of the case against the trial of civilians in military courts was on August 3, during which the then Chief Justice of Pakistan Umar Atta Bandyal remarked that the armed forces were allowed to take ‘unconstitutional measures’. Will not be granted, while earlier the Supreme Court had rejected the request to constitute a full court for hearing the case.
The case was heard by a 6-member larger bench headed by former Chief Justice of Pakistan Umar Atta Bandial comprising Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Syed Mazahir Ali Akbar Naqvi and Justice Ayesha A. Malik.
Petitions were filed by Chairman PTI, former Chief Justice Jawad S. Khawaja, Aitzaz Ahsan and Civil City against trial of civilians under the Army Act in military courts.
On June 20, Jawad S. Khawaja, in a petition filed through his lawyer, Advocate Khawaja Ahmed Hussain and Advocate Uzair Chaghatai, requested that the trial of civilians by military courts, which are ordinary courts, be declared unconstitutional and various sections of the Army Act be declared unconstitutional, inconsistent with the fundamental rights given in the Constitution, which should be declared null and void. Prior to this petition, 5 civil society members from different cities through their lawyer Faisal Siddiqui filed a petition to declare the trial of civilians in military courts as illegal in connection with the May 9 violence.

Similarly, on June 18, the leader of Pakistan People’s Party and senior advocate of the Supreme Court of Pakistan, Aitzaz Ahsan, filed a petition in the Supreme Court against the trial of civilians involved in the May 9 incidents in military courts.

On behalf of Aitzaz Ahsan, lawyer Salman Akram Raja had said in the petition that the federal government played the role of a rubber stamp on the decision of the Corps Commander of the trial in the military courts, the trial of the civilian is in conflict with Section 2 and 59 of the Army Act. Sections 2 and 59 of the Army Act should be repealed.

On June 21, former Chief Justice of Pakistan Justice Umar Atta Bandyal constituted a 9-member larger bench under his chairmanship to hear 4 petitions filed against the prosecution of civilians under the Army Act in military courts.

On July 21, during the hearing of the case against the trial of civilians in military courts, Chief Justice Umar Atta Bandial had remarked that the trial of the accused in military courts should not be started without informing the Supreme Court. Will call the parents.

It should be noted that on May 9 this year, the National Accountability Bureau (NAB) arrested PTI Chairman Imran Khan with the help of Paramilitary Force Rangers in the Al-Qadir Trust case, after which violent protests took place across the country and damaged military installations, including the residence of the Corps Commander Lahore, and state property across Pakistan.

After the incident, the army termed the day as a ‘dark chapter’ in the country’s history and vowed to bring to justice all those involved in the vandalism.

Later, taking more stringent measures, the government decided to bring to justice those responsible for attacks and arson on civilian and military installations under relevant laws, including the Pakistan Army Act and the Official Secrets Act.

The decision was also endorsed by the National Security Committee, the country’s highest forum for coordination on national security issues.

Later on May 20, the Army Chief had said that the legal process of the trial against the planners, instigators, encouragers and criminals involved in the May tragedy would be according to the existing and established legal procedures derived from the Constitution, the Pakistan Army Act and has started under the Official Secrets Act.

It should be noted that in a news conference on May 26, the then Federal Interior Minister Rana Sanaullah said that 33 accused have been handed over to the military authorities in only 6 cases related to May 9.Later, the then Prime Minister of Law Nazir Tarar said that the trials under the army rules met internationally recognized requirements, which are the basis of a fair trial.