Military trials of civilians: Punjab govt submits report of post-May 9 detainees

The Punjab government submitted on Friday a report in the Supreme Court (SC) regarding the number of people arrested in the province when violent protests broke out in the country following PTI chief Imran Khan’s arrest on May 9.

A seven-member bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yayha Afridi, Justice Sayyed Ma­­zahar Ali Akbar Naqvi and Justice Ayesha Malik resumed hearing a set of pleas challenging the trial of civilians in military courts.

The report showed that detention orders for 2,258 people were issued under the Maintenance of Public Order. It added that 21 were in jail.

On Thursday, Justice Qazi Faez Isa and Justice Tariq Masood had raised abjections on the original nine-member bench.

Justice Isa said he did not consider the nine-member bench originally constituted to hear appeals against military trials “a bench”.

Justice Masood also expressed his agreement with Justice Isa and said the petitions against the Supreme Court (Practice and Procedure) Act 2023 must be heard first.

The Supreme Court (Practice and Procedure) Act 2023 is aimed at curtailing CJP’s powers and it was passed by a joint parliament session last month. The SC challenged it, urging it to be declared unconstitutional and of no legal effect.

The hearing was adjourned after the two judges separated themselves.

Later, once the hearing resumed, the CJP formed a seven-member bench.

He also sought the details of persons, including women and children, arrested following the 9th May incident and detained in civil and military facilities across the country.

The chief justice noted that according to the petitioners around 4,000 people have been detained across the country whether under the Maintenance of Public Order (MPO), the Official Secrets Act, or the Anti-Terrorism Act.

Even children have been arrested and the telephone calls are tapped and meetings are surveilled, he said.

“We have found that such and such meeting surveilled and the phone call tapped.”

The chief justice further said that they are not only talking about the right of privacy, but we are talking about the right of liberty, we are talking about Article 9 of the Constitution.

“I hope no trial of any civilian is conducted by the military court yet.’’