A seven-member bench of the Supreme Court of Pakistan head by CJP Umar Ata Banidal on Friday heard petitions filed against civilians trail in military courts.
The cause list of other benches of the Supreme Court is cancelled due to the hearing of the larger bench as three regular benches were scheduled to to hear cases.
The case hearing has been adjourned till Monday (June 26) 9:30am.
The CJP Umar Ata Bandial said that SC wanted to announce the verdict of ‘civilians trial in military courts’ case before Eid holidays.
The Attorney General of Pakistan (AGP) apprised the court that no journalist, minor, woman and lawyer was under custody of Pakistan Armed forced.
He said no person was under custody of Islamabad Capital Territory (ICT) Police.
Attorney General Mansoor Usman Awan giving arguments said that there is no arrested person in the custody of Islamabad (ICT) Police.
He said four people are in custody in Peshawar while 21 people are arrested under MPO in Punjab and 141 people have been arrested under the Anti-Terrorism Act.
The AGP said 172 people are in judicial custody in Sindh and 345 people were arrested and later 70 were released.
He said 117 persons are in judicial custody under MPO and only 102 people are in army custody.
He clarified that no women or minors, journalists and lawyers are in military custody.
Petitioner Chaudhry Aitzaz Ahsan and his lawyer Sardar Latif Khosa while civil society lawyer Faisal Siddiqui reached the Supreme Court. Faisal Siddique has started presenting arguments.
Faisal Siddiqui said his application was different from other applications and he would not argue that a civilian cannot be tried in military courts under the Official Secrets Act.
He said, “A few of the defendants were treated differently. There are 60 accused in an FIR, then 15 are given to military courts.”
Faisal said there may have been three types of trails according to the allegations in the FIRs.
“My second point is about fair trial,” Faisal Siddiqui, adding that, after a trial on a charge some will have the right to appeal and some will not.
He gave reference of the cases of Liaqat Hussain, Saeed Zaman and District Bar Association.
Faisal Siddiqui replied, “Court decisions say that there should be a clear distinction.”
“We do not say that people should not have a tough trial. What tougher trial can be than the Anti-Terrorism Court,” he argued.
-Judges remarks-
Justice Ayesha Malik questioned, “What are the specific circumstances in which a trial in military courts can take place.”
Justice Mansoor Ali Shah said due to national security, it was said that this trial took place in military courts.
Justice Mansoor added, “If they go within the limits of state security, then the trial is mentioned to be in military courts.”
Justice Mazahir Akbar Naqvi questioned when was the Official Secrets Act incorporated.
Justice Yahya Afridi remarked to Faisal Siddique, “You don’t understand that the Attorney General should be asked first about formation.”
Chief Justice of Pakistan Bandial asked lawyer FAisal Siddique to continue his arguments and remarked that court would hear the Attorney General after the lawyers agreements.
“The Attorney General may submit the details which were sought,” the CJP remarked.
Justice Ayesha Malik said, “Maybe the nature of charges against those who were handed over to military courts may be different,” adding that, “You are only saying on assumption that there is no evidence against these people.”
“You are going to a general discussion, it is not even known under which clause these people were sent to military courts,” Justice Yahya Afridi added.
He also asked the lawyer to keep his arguments to the relevant points.
Justice Mansoor Ali Shah said that the law does not say that the official Secrets Act will apply only if there is a person working in the army.
“The Act also applies to the offense of being within military premises,” Justice Mansoor Ali Shah said.
Punjab govt submits data details in SC
According to the report submitted to the court by Advocate General Punjab, 81 women were detained in May 9 incidents, of which 42 were released on bail. While 49 Forty-nine women are currently in jails on judicial remand.
He said arrested orders of 2,250 people were issued under the MPO. 3050 people were found involved in the vandalism incidents of May 9.
Currently, 21 people are imprisoned under the MPO while 1888 people were arrested under the Anti-Terrorism Act.
