Islamabad : Dec 13 : The Supreme Court of Pakistan (SCP) has annulled the lower court decision trial of civilians and ruled that the military courts can try the accused of May 9 , but the final decision will be subject to its orders.
A five-member larger bench headed by Justice Ijaz-ul-Ahsan gave a reserved verdict on the petitions filed against the trial in the military courts of the civilians arrested for involvement in the violent protests of May 9.
The hearing was held on the intra-court appeals against the annulment of the trial court l. A 6-member larger bench headed by Justice Sardar Tariq Masood held the hearing. At the beginning of the hearing, prominent lawyers including former Chief Justice Jawad S. Khawaja, Aitzaz Ahsan, Latif Khosa and Salman Akram Raja objected to Justice Sardar Tariq Masood’s sitting on the bench.
Latif Khosa said while talking to Justice Sardar Tariq. Justice Sardar Tariq Masood inquired from the lawyers of the parties that he had been given notice by anyone. Salman Akram Raja said that the case will be affected if the objection is raised after the notice. Latif Khosa said that Justice Sardar Tariq has given his opinion on the applications of military courts in his note. Justice Sardar Tariq asked the lawyers which What was their objection? Salman Akram Raja replied that the objection was made by Jawad S. Khawaja. Justice Sardar Tariq Masood refused to leave the bench on the objections and remarked that he was not leaving the bench, what will you do? Lawyers should read the decision of Justice Jawad S. Khawaja which said it is the will of the judge to remain a part of the bench or excuse himself from hearing. Justice Tariq Masood further remarked that Jawad S. Khawaja has his own decision that the judge decided to refuse to hear the case. “It is discretionary, I do not separate myself from the bench, sorry” the judge said.
Latif Khosa said that despite their objection, you (judge Tariq Masood) is sitting and hearing the case,
On this Justice Sardar Tariq Masood inquired whether he should stand and hear the case. ?During the hearing, the Attorney General became angry, he said that when there is no notice, how can the objection be heard? Those who objected are not in the court itself, it is better to start the hearing on the bench appeals first, he opined.
Meanwhile, the court started the hearing on the appeals, the court directed the lawyers of the parties to sit on the seats. Lawyer Shamail Butt opened the arguments on the appeal, during which Barrister Aitzaz Ahsan also came to the rostrum. Aitzaz Ahsan said the decision on the objection should be made first whether you want to sit in the bench or not, Justice Sardar Tariq remarked that I am not doing it, refuse to hear and go ahead. Justice Mian Muhammad Ali Mazhar appealed to Shahada Forum. While talking to the lawyer, he remarked that you will have to amend the application after the detailed decision. Justice Sardar Tariq directed the Attorney General to start the arguments, the Attorney General said that I want to give time to Khawaja Haris first. Later, Khawaja Haris came to the rostrum on behalf of the Ministry of Defence. Justice Tariq Masood remarked that the provisions of the Army Act were declared unconstitutional in the judgment. are unconstitutional, the judgment is silent on the matter, the provisions of the Military Act were upheld in the FB Ali case. Correctly, the Supreme Court has said in a nine-member bench decision that if the crime is related to the army, it can be tried in a military court. Justice Muhammad Ali Mazhar asked what is your opinion about a transparent trial? How will the trial in the military courts be made a fair trial? Khawaja Haris, defense counsel, said that civilians include people like Kulbhushan Yadav, the jurisdiction over civilians was already limited in the Army Act, the provisions related to civilians. It cannot be annulled. Justice Sardar Tariq Masood remarked that the detailed decision has not come before us, should we give the decision without seeing the detailed decision? Justice Irfan Saadat inquired whether Khawaja Haris should not wait for the detailed decision. ? On this, Khawaja Haris said that then my request will be to allow the trial of those who are in military custody, every civilian is not being tried in military courts, only those civilians who are a threat to national security will be tried in military court. Justice Sardar Tariq Masood remarked that let the reasons for the decision come, we have to see what opinion has been given in the decision on these points, Justice Irfan Saadat remarked that it would be appropriate to wait for the detailed decision. Khawaja Haris said that If we have to wait for a detailed decision, then the court order must be suspended. 104 people have been in the custody of the army for 7 months, it would be appropriate for the accused to complete their trial. gave the decision of the military courts, he is also a judge of the same Supreme Court, the detailed decision declaring his trial invalid has not come and how the trial will be conducted again.Justice Mian Muhammad Ali Mazhar inquired that what is the hurry in this case? The Attorney General said that it is urgent that the trials of foreign terrorists are not being conducted. Justice Musrat Hilali inquired that if the arrested people are terrorists, why are they acquitting them? The Attorney General said that these people are their own citizens, they have just gone astray. Meanwhile, the court reserved judgment on petitions against declaring the trial of civilians in military courts invalid. Later, the Supreme Court suspended the October 23 verdict by giving a safe verdict. The court delivered the verdict by a majority of 5 to one. The Supreme Court remarked that the trial of 103 people involved in the events of May 9 will continue, the military courts will not issue a final verdict against all the arrested suspects.
The Supreme Court remarked that the military courts can try the accused but the final decision will be subject to its orders.
