SC should be informed before military trials of civilians begin: chief justice

Chief Justice of Pakistan (CJP) Umar Ata Bandial said on Friday that the Supreme Court (SC) should be informed before military trials of civilians begin.

A six-member SC bench, headed by the CJP and consisting Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A. Malik, resumed on Friday hearing a set of pleas challenging the military trials of civilians.

During the hearing today, Attorney General for Pakistan (AGP) Mansoor Usman Awan resumed his arguments before the bench.

The AGP informed the court that 102 people were in listed for trials in military courts, adding that utmost care was taken in the selection of individuals for military trial.

Justice Naqvi asked how it was decided who would be tried in military courts and who would not. The AGP replied that offences under Section 2(1)(d) of the Army Act would be tried in military courts.

Regarding the right of appeal, Awan sought more time, saying this matter needs careful consideration.

He also sought one-month’s time from the top court on this matter.

The hearing was adjourned indefinitely.

On Wednesday, the bench had adjourned the hearing till Friday (today), giving the AGP two days to get directives from the government regarding whether a right of appeal would be given or not.

Background

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 filed 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, following 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.