SC rejects plea to stay civilians' trial in military courts

ISLAMABAD: The Supreme Court (SC) on Friday declined to stay civilians’ trial in the military courts, ARY News reported.

A six-member bench headed by CJP Justice Umar Ata Bandial comprising Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik is hearing the pleas against military courts.

In today’s hearing the Attorney General of Pakistan (AGP) Mansoor Awan continued his arguments before the court in the case.

Awan in his arguments said that civilians can be tried in the military courts in special conditions and added staff hearing the cases in the military courts take oath before hearing. He said that he had spoken about the “organised” plan behind the violent events of May 9.

“From the video clips shown in court, it is evident that a lot of people were involved in the events of May 9,” he said. “Despite the large number, after exercising caution, 102 people were pinpointed for court-martial,” he said.

At one point, Justice Naqvi asked how it was decided who would be tried in military courts and who wouldn’t. Awan said that offenses under Section 2(1)(d) of the Army Act would be tried in military courts.

Awan argued that there was mention of the Army Act being applicable to civilians even before the 21st Amendment, saying that the basic human rights were not applicable on the Army Act.

Upon being asked by CJP Justice Umar Ata Bndial about the right to appeal by the accused in the military courts, the AGP sought said this is a ‘crucial’ matter and sought a one-month time for consultation.

At this, former CJP Justice (retired) Jawad S. Khawaja, one of the petitioners said they don’t have any objection if the government needs time for legislation but pleaded with the government to issue a stay order against military courts.

The plea was turned down by the SC bench. “When the trials of civilians are yet to start, who can a stay order be issued,” CJP remarked.

Military trials

In the month of May, the government decided to try the suspects accused of attacking military installations on May 9 under army laws.

Violent clashes broke out across Pakistan after the former prime minister and Pakistan Tehreek-e-Insaf was arrested from the premises of the Islamabad High Court (IHC) on May 9.

Army installations, Corps Commander’s house in Lahore and General Headquarters (GHQ) in Rawalpindi came under attack during a protest by PTI workers.

Pleas

Following the arrests made in connection with the violent riots that erupted across the country on May 9, the government announced its decision to hold military court trials of those found guilty of damaging and attacking military instalments — a move both the government and the army considered a low blow.

In light of this decision, PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and five civil society members, including Piler Executive Director Karamat Ali, requested the apex court to declare the military trials “unconstitutional”.