SC seeks records of trials in military courts except May 9

ISLAMABAD: The seven-member Constitutional Bench of the Supreme Court of Pakistan on Wednesday continued hearing of the intra court appeals against the trial of civilians in military courts, which will continue tomorrow, ARY News reported. 

Counsel of the Ministry of Defense produced a record of trials in military courts regarding May 9. The court asked for records of trials other than May 9 and returned the copies of the record after examining it.

The Supreme Court bench is headed by Justice Amin ud Din Khan and comprising on Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hasan.

Justice Hasan Azhar Rizvi, after having a glance over the record provided, asked the Counsel that the trials regarding May 9 have apparently nothing to do with the state security. The trial is conducted with enough details. Why is it not possible to make the record public, so everyone knows what happened on May 9?

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‘It is the decision of the authorities’, responded Counsel for the Ministry of Defense Khwaja Haris.

Justice Naeem Akhtar Afghan remarked that he has heard appeals against the judgements of the military courts as Chief Justice Baluchistan. The judgments are not simply written on a plain paper that who is guilty and who is not. The GHQ provides complete record of the whole proceedings containing all details of the evidence and procedures of the trial.

Justice Hasan Azhar questioned either family of the accused and media is allowed to see him or not?

‘The law allows family and media to see the accused but circumstances, due to security reasons, usually do not allow to do so’, responded Counsel of the Ministry of Defense.

Justice Musarrat Hilali remarked that we are dealing with a society that is difficult to deal with. The question is how the military courts will impact the rights of a common citizen?

Defense Counsel Khwaja Haris, argued before the Court that the trials in military courts are conducted in a free and fair way. Public are allowed to witness the proceedings. All requirements of free and fair trials are met with.

As the proceedings initiated, Justice Musrrat Hilali observed that the question, yesterday, was, and today is how the investigation is done before framing a charge? Justice Mazhar, while adding to this, said investigation should take place before framing the charges.

‘The law is clear about a trial and a fair trial’, responded Khwaja Haris. ‘The accused is provided defense lawyer on government expenses if he can’t afford one. The Army Act and the rules provide protection to the rights of the accused’ he added.

Justice Mandokhail remarked that the entire control of anti-narcotics is with the Army. The Army asks the Chief Justice of the concerned High Court for provision of a session judge when trial of an accused is required. Does it happen in the military courts?

‘Military Courts are kept out of Article 175 of the Constitution’, responded the Defense Counsel. He presented record of the trial before the court in seven envelopes containing copies for each member of the bench and said that the accused were asked before the trial if they have objection over the presiding office. None of them objected to the officer presiding the trail. If an accused confesses to the crime, concessions are granted under the Islamic Law.

The Supreme Court then adjourned the proceedings for tomorrow and directed representatives of the Bar to appear before the Court well prepared.