ISLAMABAD: The Supreme Court Monday termed the trial of civilians in the military courts illegal and added that the accused would be tried in the civilian courts.
The decision came with a 4-1 majority. Earlier in the day, the court reserved its judgement in the case against the trial of civilians in military courts.
A five-member bench, headed by Justice Ijazul Ahsan, took up the case. The bench comprised Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi and Justice Ayesha Malik. During the proceedings of the case, the court also disposed of nine petitions supporting the trial in the military courts as withdrawn.
Attorney General for Pakistan Mansoor Usman Awaz, and petitioners’ lawyers Salman Akram Raja and Latif Khosa were also present in court. Former chief justice of Pakistan Jawad S Khawaja also attended the proceedings.
The AGP apprised the court of why a constitutional amendment was not required for the trial of civilians in the military court. He said the trial of those accused of May 9 violence will be held in the military courts but in the style of civil courts as testimonies will be recorded, and the decision contain detailed reasons. He said the case of attacks on prohibited areas and buildings can also be tried in military courts.
Justice Ejaz ul Ahsan remarked if a constitutional amendment was required for trials of terrorists in the military courts why not for the common citizens. The AGP, however, responded that if a suspect has direct links with the armed forces, a constitutional amendment is not necessary.
Justice Ayesha Malik remarked that the Army Act specifically talks about discipline within the armed forces.
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Justice Ahsan said that on reading the law, it is clear that it is meant for the internal workings of the armed forces. He then posed a question to the AGP as to how he will prove a link between this law and civilians.
The AGP said the Army Act talks about officers performing their duties. He admitted that as far as discipline was concerned, this law only dealt with the armed forces.
“When the officials are stopped from performing their duty, other people also fall under this law,” the attorney general maintained. Justice Ayesha Malik then asked if this interpretation is accepted, “Will the law apply to anyone? What will happen to fundamental rights in such a case?” She remarked that the Constitution says no law shall be made against fundamental rights.
On Sunday, the federal government told the apex court that the trial of civilians allegedly involved in the May 9 incidents has started in the military courts. In its written reply submitted on the court, the government said the trial is important to protect the rights of the suspects.
A total of 102 people were detained for their alleged involvement in the attacks on military installations on May 9 and 10, the government said. The written reply further said the suspects were arrested under the Pakistan Army Act 1952.
