ISLAMABAD: The Attorney General for Pakistan (AGP) informed the Supreme Court that no trial of 102 persons, in army custody has started, and their cases are at the investigation stage.
AGP Mansoor Usman Awan reiterated that no journalist or lawyer is in their (military) custody. He also informed the Supreme Court that no detained civilian is to be charged with the commission of any offence that attracts either a death sentence or a lengthy sentence. “No penalty will translate into capital punishment.”
The attorney general said that the cases are at the investigation stage and if the authorities come to the conclusion that these people be tried by the military courts then enough time will be granted to the persons to engage the counsel. “Nothing is taking place immediately,” he further said.
The chief justice said a certain journalist – Imran Riaz – is missing and his family is unaware of his whereabouts. The attorney general said he (Imran Riaz) is not in their custody. On behalf of the federal government he assured that all-out efforts will be made to trace and recover him.
A six-judge bench, headed by the chief justice, and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha A Malik, on Tuesday, heard the petitions against the trials of civilians under Army Act, 1952.
Usman Awan, a day ago, had told the bench that 102 persons are in army custody, but during the investigation, the number may reduce. Some persons if not needed then their cases will be sent to the criminal courts. However, the same day in the evening in a presser DG ISPR said they (102 persons) were facing trial in these courts.
During the proceeding, Uzair Bhandari, representing Pakistan Tehreek-e-Insaf (PTI) chairman, contended that the head of the ISPR in the press conference stated that 102 persons in army custody are being tried.
The AGP, coming on the rostrum, stated that he was watching the presser, and no trial of civilians has started yet. He further said; “I stand by my statement given before the court yesterday (Monday).” “No trial has happened,” he added.
The attorney general said that the FIRs against the persons will be appended with his written synopsis that will answer the submission made in the petitions. The concise statement would also answer the inclusion of the Official Secrets Act, 1923, provisions, where the acts have taken place.
He said that the charges have not been framed against the persons, involved in attacking the military establishment in May 9 incident, yet.
The chief justice said much of the procedure for the trial of civilians in military courts is based on Army Rules, and it not accepting the definition of “accused” given in the SC judgment in F B Ali case. “You including the suspect in the category of accused.” The attorney general instead of responding to that said whatever the rights available to the accused in criminal courts would be given to the persons who will be tried in the military court. He said under the Pakistan Army Act Rules, 1954 after the completion of an investigation the accused persons are provided copies of the prosecution’s evidence and granted time to examine the same and to engage a counsel. But that stage has not arrived yet.
Justice Mazahar Naqvi said that will come in the later stage. “We are talking about the acquisition of these civilians, who are in army custody. The attorney general informed that the documents in this regard will be provided after Eid. “I will start arguments after Eid.”
The attorney general provided the list of 102 persons, who are in army custody and requested the bench it not be made public. He said each person, in custody, is allowed to make call to his/her parent or spouse so they would know about their whereabouts.
Justice Ayesha questioned why the public does not know about these persons. She said when the families would contact them then ultimately everyone would know their names. These are just names.
Justice Ijaz said if the list will be in the public domain then the families would know that their relative is in army custody and that would take them out of the agony. The chief justice said when the families will establish contact then the names would automatically come in the public.
The attorney general said that first let the families contact them then after the list may be made public. The chief justice said there is one day before Eid, and after the families’ contact made the names public after 24 hours. The AGP asked Justice Bandial that he would inform him about it after getting instructions, in the chambers.
Usman Awan said that the families can establish contact with the commanding officer for meeting their dear ones in custody. The visitation will be once in a week, the AGP said. The chief justice stated; “I had visited the jail where the authorities informed him how the detainees can phone with their families as they have one telephone number, and the detunes are given fixed minutes to talk to their families.”
About the food, he said there is no problem with food, but the difficulty will be with cooked food, as the facilities don’t have the laboratory to ascertain whether the cooked food provided is safe or not. If something happens to the persons in custody, then responsibility would be on the authority.
Justice Afridi inquired from the AGP have you ever been to Adiala Jail? The attorney general replied: “no”. Upon that the judge told him that he should visit it, adding give them (persons in army custody) the matching food which is given to the detenues in Adiala Jail.
About journalist or lawyer custody, he said no lawyer or journalist is in their (military’s) custody. He acknowledged that some incidents in the past took place, i.e., with advocate Uzair Bandhari and Riaz Hanif Rahi. The chief justice told him to protect the lawyer and journalist. Justice Bandial, after telling about cases where a man with his two daughters was recovered within a week with the efforts of the defence minister, said that they (the agencies) have the capability to trace missing persons.
Uzair concluded his arguments. He mainly contended that the facts of the matter are in the public domain, adding the Court can draw inference from the admitted facts, which have come from the credible persons. He requested the Court to order for open public trial and the media and public be given access to their trials, which should be held under the Anti-Terrorism Act, in the open court.
The case was adjourned until the second week of July.
Copyright Business Recorder, 2023
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