ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial Friday said the trial of those involved in the May 9 violence should not begin in military courts without informing the top court.
He made these directions while heading a six-member bench consisting of Justice Ijazul Ahsan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Munib Akhtar, Justice Yahya Afridi and Justice Ayesha A. Malik hearing a set of pleas challenging the trials of civilians in the military courts.
During Friday’s hearing, petitioner Aitzaz Ahsan’s lawyer, Latif Khosa stated that whatever was happening in the country today had not taken place during the tenure of former military dictator Zia-ul-Haq.
“You can’t compare the current era with that of Zia-ul-Haq. This is not Ziaul Haq’s era nor the country is under martial law. Even if a martial law-like situation arises, we will intervene,” the Chief Justice siad.
He said the Supreme Court should be informed before military trial of civilians begin. “The trial of the accused in military courts should not begin without informing the Supreme Court,” he said.
At the previous hearing, the court had provided another opportunity to the Attorney General to seek fresh instructions from the government about the provision of appeal against the sentence awarded by military courts to those found guilty of May 9 mayhem.
The observations came when the Attorney General said the government was willing to follow any suggestions by the top court to improve the process of trial by military courts and ensure the provision of appeal against convictions and that the sentence should be awarded with reasons.
At the outset of the hearing today, AGP said that the top court had issued him directives at the last hearing. He said he had spoken about the “organised” plan behind the violent events of May 9.
He told the court that 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 the government exercised caution and only 102 people were pinpointed for court martial.
At one point, Justice Naqvi asked how it was decided who would be tried in military courts and who wouldn’t. Awan said that offences under Section 2(1)(d) of the Army Act would be tried in military courts.
Justice Afridi asked is the Army Act outside the bounds of fundamental human rights? The AGP responded in the affirmative and added fundamental rights were not applicable to the Army Act.
“From your point, it seems as if fundamental rights have ended,” Justice Akhtar remarked. He then asked whether the parliament could amend the Army Act. To which the AGP replied in the affirmative.
“Your point is it is the state’s will to give fundamental rights or not,” Justice Akhtar observed.
“The Supreme Court had declared independence of judiciary a fundamental right. We can’t leave everything to the trial court,” said the CJP. He observed that citizens were given fundamental rights under the constitution and posed a question how these could be taken away through the Army Act.
CJP Bandial further observed that suspects were given very little time to defend themselves in military courts.
Awan contended that under the Army Act, the decision is taken by a majority. In case of the death penalty, a two-thirds majority is required, he said. “Prima facie, no one out of the 102 suspects arrested will be sentenced to death or 14 years imprisonment,” he said.
“The accused’s lawyer and the family members could see the full trial,” the AGP told the court. AGP Awan said that the accused would be allowed legal representation adding that he could also seek the services of a private counsel.
Regarding the right of appeal, the AGP sought more time from the court. “This matter needs careful consideration,” AGP Awan said. The AGP then sought one-month time from the court on this matter, and the hearing was adjourned indefinitely.
The pleas
The petitions were filed by former CJP Jawwad S. Khawaja, Karamat Ali, Aitzaz Ahsan and PTI Chairman Imran Khan.
