Military courts trial: SC likely to announce verdict on Tuesday

ISLAMABAD: Supreme Court (SC) likely to announce verdict on pleas challenging trials of civilians in military courts, on Tuesday, ARY News reported.

A seven-member bench — comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, and Justice Mazahir Ali Naqvi, is hearing a set of petitions against military trials after a nine-member bench was dissolved as Justice Qazi Faez Isa and Justice Tariq Masood recused themselves from the hearing.

We desire to get the results by Tuesday, CJP was quoted as saying while hearing the case. The apex court also directed to avoid harassing lawyers and journalists. “Don’t want to pass judicial order on the issue.”

During the hearing, CJP Bandial remarked that the army can request the anti-terrorism courts to get the custody of civilians for their trial under military laws.

“It’s common sense that crimes under the Official Secrets Act are to be determined by the army itself and it can request anti-terrorism courts seeking the custody of civilians for trials under army laws,” the top judge remarked.

However, he noted that there was no solid reasoning provided by the military. “We will ask this from Attorney General Mansoor Usman Awan.

The further hearing on the case has been adjourned until Monday at 9:30 in the morning.

Punjab govt’s report

The Punjab government submitted a report to the SC regarding arrests of suspects ‘involved’ in the May 9 riots.

The top court had asked the authorities to provide details during the hearing of pleas challenging the trials of civilians in military court.

According to the report submitted by the Punjab AG, a total of 6,088 people, including 81 women, were arrested following the May 9 violence۔

The report further said 1,888 people were arrested in the May 9 riots under the Terrorism Act. 108 accused are currently on physical and 1,247 are on the judicial remand. As many as 500 people were released as innocent after the investigation.

Read more: Military court trials: New 7-member SC bench adjourns hearing

The report added that there are 247 cases under other laws are registered against the accused involved in the May 9 incidents۔ So far, 1,201 people have been acquitted and 3012 have been released on bail in various cases۔

The Punjab government also submitted data about the arrests of females in the May 9 riots. According to the report,  81 women were detained out of these, 42 were released on bail, while 39 women are currently imprisoned on judicial remand۔

Dissolution of 9-member bench

A nine-member larger bench headed by CJP Bandial had taken up the pleas on Thursday. However, the bench was dissolved after two members, Justice Qazi Faez Isa and Justice Tariq Masood, object to it.

Justice Qazi Faez said he was surprised after seeing his name in the cause list last night. The senior-most judge after CJP remarked the SC Practices and Procedure Bill was suspended by an eight-member bench of the apex court even before letting it become law.

The judgment passed by my bench on March 5 was ‘scrapped’ through a circular released by the SC registrar, Justice Qazi Faez Isa said.

He questioned if this was the importance of a decision made by the apex court.

Justice Qazi Faez Isa said he cannot remain part of the bench as he does not consider it a ‘bench’. I will not be part of any bench until the decision is reached on the Supreme Court Practices and Procedure Bill, he added.

The pleas

The petitions against military courts were filed by former CJP Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman.

Former chief justice of Pakistan (CJP) Jawwad S Khawaja challenged the trial of civilians in military courts in the Supreme Court (SC), demanding to declare the move ‘unconstitutional’.

The petition named the Federation of Pakistan through secretaries of law and justice, interior, defence, and chief secretaries of Punjab, Khyber Pakhtunkhwa, Sindh and Balochistan as respondents in the case.

CJP Jawwad Khawaja, in his plea, maintained that the trial of civilians by military courts in the presence of civilian ones is unconstitutional. The plea contended that proceedings of a court martial were only appropriate and lawful in the case of army officers.

The plea demanded to declare “any proceedings against civilians on the basis of the impugned sections unlawful”. It prayed the court should direct that such civilians be transferred to the competent civilian authorities for appropriate proceedings before ordinary criminal courts.

The petition came after Chaudhry Aitzaz Ahsan filed a similar petition in the Supreme Court, challenging the trials of civilians in military courts.