Military trials of civilians: Punjab govt submits report on suspects linked with May 9 vandalism

ISLAMABAD(a1tv news) The Punjab government on Friday submitted a report to the Supreme Court regarding cases filed and suspects arrested for their involvement in vandalism that took place on May 9.

The top court had asked the authorities to provide details during the hearing of pleas challenging the trials of civilians in military court.

The report, however, does not include the data of minors, journalists, lawyers or those in custody.

A seven-member bench — comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, and Justice Mazahir Ali Naqvi, is hearing a set of petitions against military trials.

The government had decided to try civilians under army laws after enraged protesters belonging to the Pakistan Tehreek-e-Insaf (PTI) vandalised army installations following the arrest of their party chief.

The petitions, separately filed by PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and five civil society members including Piler Executive Director Karamat Ali, have requested the apex court to declare the military trials unconstitutional.

Today’s hearing

At the outset of the hearing, petitioner Karamat Ali’s lawyer — Faisal Siddiqui — took to the rostrum and maintained that he had submitted a written statement.

“My petition is different from others. I have not challenged the Army Act and I do not contend that the civilians cannot be tried in military courts,” the counsel stated.

He said that the military trials of civilians had taken place earlier as well.

At this, Justice Shah inquired why hadn’t he challenged the Army Act.

Responding to the query, he said that the trial of “favourite persons” or specific civilians under military laws was wrong and unconstitutional.

The counsel stated that he did not say that any clause of the Army Act was illegal, adding that a verdict against military courts in 1998 did not bring the Army Act under question.

At this, Justice Ayesha asked what principles had been set regarding the Army Act in other cases and what was the basis on which the civilians were being tried under the said law.

Meanwhile, Justice Shah observed that a trial is conducted under the Army Act and Official Secrets Act when it comes to national security.

The judge then told the lawyer to give arguments on the law if he hadn’t challenged the Army Act.

Nine-member bench dissolution

A nine-member larger bench headed by CJP Bandial had taken up the pleas on Thursday. However, the bench was dissolved after two members, Justice Qazi Faez Isa and Justice Tariq Masood, object to it.

Taking an exception to the bench’s formation, Justice Isa said he “did not consider the nine-member bench a bench”, with Justice Masood backing him.

Justice Isa stressed that the court should first issue a verdict on the Supreme Court Practice and Procedure Act, 2023, and then constitute new benches.

CJP Bandial had said as the two senior judges had raised questions over the bench, the stay order on the law might be lifted.

The hearing was then resumed by a seven-member bench, — comprising CJP Bandial, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, and Justice Mazahir Ali Naqvi.

The chief justice, before adjourning the hearing said that the top court would “quickly” wrap up the case and asked the government to provide complete details of the arrests made after the May 9 mayhem.