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Military trial of civilians will not begin without SC permission, says CJP Bandial

ISLAMABAD – Chief Justice of Pakistan (CJP) Umar Ata Bandial on Friday said the military trials of civilians involved in May 9 violence will not be initiated without the permission of the Supreme Court. 

The top judge made the remarks as a six-judge larger bench, headed by him and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik, heard a set of pleas against civilians’ trial in military courts.  

The pleas were filed by former CJP Jawwad S Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan after several suspects of May 9 violence were handed over to military for trial.

At the outset of the hearing, Latif Khosa, the lawyer for petitioner Aitzaz Ahsan, state that what was going in the country these days had happened when former military dictator Ziaul Haq was in power. 

At which, CJP Bandial interjected and remarked no any comparison could be drawn with Ziaul Haq’s era as there was no martial law in the country at this time. He vowed that judiciary will intervene if a martial law-like situation surfaces. 

CJP Bandial said the SC should be informed before the trial of civilians in military courts is begun. 

Later, Attorney General for Pakistan Usman Mansoor Awan took to the rostrum when he was asked about government’s response about the provision of right to appeal against the military courts’ sentences. 

At the previous hearing, the apex court had given another chance to the AGP in this regard and directed him to turn up before the court after consulting with the government.

During today’s hearing, the AGP pleaded the court to grant more time to ponder this question, saying the matter needs careful consideration keeping in view the country’s position at international forums. 

The AGP then sought one-month’s time from the SC on this matter, and the hearing was adjourned for indefinite period.

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