ISLAMABAD: The Supreme Court issued a directive on Wednesday, instructing Attorney General for Pakistan (AGP) Mansoor Usman Awan to seek guidance from the government concerning the right of appeal in military courts.
The directive came during a hearing presided over by a six-judge bench, consisting of Justice Ijaz ul-Ahsan, Justice Yahya Afridi, Justice Munib Akhtar, Justice Mazahir Ali Akbar Naqvi, Justice Ayesha A. Malik, and the chief justice, presided over the case.
The focus of the hearing was a series of petitions challenging the legitimacy of military trials of civilians.
AGP Awan, addressing the court during the hearing, highlighted the substantial financial losses incurred during the violent protests against the unlawful arrest of former prime minister Imran Khan on May 9, amounting to Rs2.5 billion, including Rs1.9 billion of damage to military installations.
He once again emphasized the need for the formation of a full court to address the matter comprehensively.
In a previous statement, CJP Bandial expressed concern about subjecting civilians to the rigours and severity of military courts, given that they are entitled to certain constitutional protections. He also emphasized that such trials were not in accordance with the Constitution.
The CJP noted that military law is designed to be distinct from ordinary law and is primarily applicable to military personnel.
One of the key issues raised during the hearing was the lack of transparency in military court verdicts, which are not open to the public and cannot be subject to judicial review.
AGP Awan cited a note from Justice Yahya Afridi, dated June 23, wherein the judge urged the CJP to consider forming a full court comprising all available judges to address the matter effectively.
Rejecting the government’s request for a full court, the chief justice cited the unavailability of judges as the reason for his decision. He also expressed his satisfaction with the treatment of suspects facing military trials.
Earlier this week, the federal government had argued that trying those accused of violence against the armed forces under the Pakistan Army Act (PAA) 1952 was a fitting and proportionate response within the constitutional framework and statutory regime.
MILITARY TRIALS
The development comes after the outgoing government of Prime Minister Shehbaz Sharif justified trials by the military in cases related to protests, as per the media.
Calling the military trial an “apt and proportionate response,” the government told the top court that the Army Act and the Official Secrets Act “not only predate the Constitution, but were never, till date, challenged”.
Pakistan’s current constitution was imposed in 1973.
The government said this in a written response after petitions against military trials of accused civilians were filed by former chief justice Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and Khan, the chairman of Pakistan Tehreek-i-Insaf (PTI).
Sharif announced last week that he will hand over reigns to a caretaker setup next month as general elections in Pakistan are due in October.
Military trials are being held after an inquiry into the May 9 protests. The government told the court: “The events of May 9 were neither localised nor isolated and indicated a premeditated and intentional attempt to undermine the country’s armed forces and inhibit the country’s internal security.”
The director general of Inter-Services Public Relations (ISPR), Maj. Gen. Ahmad Sharif, revealed last month that 102 protesters allegedly involved in the attacks were being tried in military courts, already established under the Army Act.
Besides the sackings, Sharif added that “strict disciplinary” action was taken against another 15 officers, including three major generals and seven brigadier-rank officers.
At least eight people were killed and over 300 others, including policemen, wounded in the protests, and thousands of activists and supporters of Khan were detained over their alleged involvement.
— With input from Anadolu Agency
