ISLAMABAD: A nine-judge bench of the Supreme Court has been constituted for the hearing of petitions against the trials of civilians by military courts.
A nine-member bench, headed by Chief Justice Umar Ata Bandial, and comprising Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha A Malik will hear the petitions today (Thursday) at 11:00 am.
Former chief justice of Pakistan Jawwad S Khawaja, senior lawyer Chaudhry Aitzaz Ahsan, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, and the members of civil society have already filed the petitions under Article 184 (3) of the constitution before the apex court, asking it to declare that the trials of the civilians arrested in light of May 9 and 10 violent protests under the Army Act and Official Secrets Act are violative of Article 25 of the constitution, until and unless legal and reasonable guidelines are framed to structure the discretion not to arbitrarily try civilians under the Army Act.
On May 9, reacting to the arrest of the PTI chief from the premises of Islamabad High Court (IHC), PTI supporters thronged the streets in protest. The protesters damaged several military and state installations, including the Corps Commander’s residence (Jinnah House) in Lahore and the gates of the military’s General Headquarters (GHQ) in Rawalpindi. Internet services were suspended for four days and access to social media was hindered for days after.
The army’s top leadership and the federal government reacted strongly to the attacks on army installations and called for the severest punishment under the law for those allegedly involved.
Despite criticism from several corners, local and international, the decision to try civilian suspects under military courts was backed by the National Assembly and the Senate in separate resolutions.
In the pleas filed with the apex court, it has been submitted that the court martial of civilians and Article 2 (1) (d) (i) and (ii) of the Pakistan Army Act 1952 should be declared unconstitutional on the grounds:
a) The Pakistan Army Act 1952 is meant for maintaining the internal discipline of the armed forces and cannot extend to civilians when the ordinary courts are functioning.
b) The trial of civilians by military courts when the armed forces are called in aid of civil power is contrary to Article 245 of the Constitution as it displaces civil power and does not “aid” it.
c) The military, as part of the executive, cannot undertake trials as judicial power can only be exercised by the judiciary. The trial of civilians by military courts also infringes upon Article 175 (3) of the Constitution and is contrary to the separation of powers.
It was further prayed the court to issue a habeas corpus (a written order requiring persons under arrest to be brought before a judge or court, especially for release or to show grounds for detention) for all persons handed over or picked up by military authorities for trial before military courts in relation to alleged offences committed on May 9.
Copyright Business Recorder, 2023
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