ISLAMABAD: The top court on Wednesday directed the Attorney General of Pakistan (AGP) to take directions from the relevant authorities regarding the right of appeal for those accused of May 9 riots and vandalism and being subjected to military trials under the Army Act 1952.
The Supreme Court gave these directions while hearing a set of pleas challenging the federal government and Pakistan Army’s decision to try civilians suspected of involvement in the May 9 riots in the military courts under the Army Act 1952.
The bench, led by Chief Justice of Pakistan Umar Ata Bandial, gave AGP Mansoor Awan two days to get instructions.
During the proceedings, Justice Ijazul Ahsan inquired whether a meaningful appeal based on law and facts would be provided while the top judge noted that the remedy provided against military courts is “very limited”. The top judge also referred to legislation in Indian citizen Kulbhushan Yadav case regarding effective review against a military court’s ruling.
“I do not recall any such attack taking place on military installations in my life,” remarked the Chief Justice, observing that the petitioners were not seeking impunity for the accused but were concerned about the fair process during the trial,” he added.
“You have to address the [matter] of right to appeal,” said CJP Bandial adding that it should be provided. At this, AGP Awan said that the court could provide the right to appeal.
At this point, Justice Yahya Afridi pointed out that such a legislation could be carried out by the parliament.
Meanwhile, Justice Ayesha Malik expressed serious concerns over the process of trial in the military courts. “Nobody knows where the accused persons are,” she noted, adding that due process is missing.
“It is a matter of fundamental rights of citizens and due process,” observed Justice Malik.
At one point, the AGP told the court that if the bench issues such directions, then military courts could also list out reasons for their decision in the judgments. He also maintained that the armed forces exhibited flexibility over May 9 incidents. He contended that the armed forces are trained in the use of weapons unlike the police and need not be taught how to disperse protestors. This prompted the CJP to say whether the AGP is implying that military officers only know how to fire bullets.
Directing the AGP to get instructions regarding the accused persons’ right to appeal, the apex court adjourned the hearing till Friday.
