ISLAMABAD: The Supreme Court Thursday adjourned sine-die the hearing of a set of petitions challenging the military trials of civilians and alleged violation of their basic human rights fundamental human rights saying fundamental human rights cannot be left to the discretion of the legislature.
The six-member bench of the top court headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Munib Akhtar, Justice Yahya Afridi and Justice Ayesha A. Malik in Wednesday’s hearing rejected the plea of full court by senior lawyer Faisal Siddiqui who represented former CJP Jawwad S Khawaja along with civil society.
Mansoor Awan Attorney General of Pakistan (AGP) informed the court about right of appeal to the 102 civilians who will be court-martialled under the Military Law in connection with May 9 incidents.
Barrister Aitzaz Ahsan taking the rostrum when the hearing resumed Thursday, stated that a new law has been approved in the parliament that gives law enforcement agencies unlimited powers to search anyone at any time without having a warrant.
He also pleaded to the court to take a suo-moto notice on the bill in the parliament for amendments in the ‘Secret Act’.
The government passed the bill very secretly in the National Assembly for giving unlimited powers to the secret agencies to raid and arrest any citizen even under suspicion for breaking the law.
The bill when presented before the Senate came under severe criticism and was later referred to Standing Committee for further deliberations.
The eminent lawyer made it clear that unlimited powers given to the law-enforcement agencies, intelligence agencies is without any legislation.
He requested the apex court that this is martial law-like situation in the country today and court must take sou moto notice on the amendments made in the Secret Act.
He stated that six SC judges were sitting in front of him at the moment and urged the apex court to take a suo motu notice on amendments made to the Official Secrets Act.
CJP Justice Umar Atta Bandial asked the lawyer whether the amendments made are in a form of bill or has it become the law and Aitzaz Ahsan replied that it is presented in the Senate.
The CJP however, made it clear that previous SC bench has ruled out the possibility that CJP alone could take suo moto notice.
“It is in the Senate, let’s see what happens,” said CJP adding, “Fundamental rights can’t be left to the discretion of the legislature.”
“Fortunately, the bill is still being debated in one of the Houses,” the top judge remarked. “Let’s see what the other House of the Parliament does.”
Justice Muneeb Akhtar pointed out that trial of the civilians in the military court is like running a parallel judicial system.
Justice Yahya Afridi asked Mansoor Awan AGP for his opinion on Article 175 and Article 175(3) of the Constitution, which refer to the establishment and jurisdiction of courts.
There were queries raised by Justice Ayesha A Malik and Justice Muneeb Akhtar maintained that fundamental human rights cannot be left to the discretion of the legislature.
“State cannot take them back,” Justice Muneeb Akhtar stated and maintained that these fundamental human rights are guaranteed in the Constitution.
Justice Ayesha Malik also pointed out that access to justice is guaranteed in the constitution and it is a fundamental human right.
“If Military Courts are not the court of law then trial in these courts in denial of fundamental rights.”
CJP Justice Umar Ata Bandial said, “We are reviewing the legality of trials and offences under the Army Act.”
“We are also looking into the procedure as how a case goes in military courts.”
