Islamabad (Web Desk): The Supreme Court (SC) on Tuesday rejected the federal government’s request to form a full court bench to hear petitions challenging the trial of civilians in the s military courts.
Earlier, a six member bench headed by by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A. Malik, resumed hearing the case.
During the hearing CJP Bandial told Attorney General for Pakistan (AGP) Mansoor Usman Awan that it was not possible to form a full court as judges were not available at this time.
On Monday, the government, maintained the stance in the apex court that the incidents of May 9 involved targeted attacks on several military installations and establishments across the country in an organised and coordinated manner.
The events of 9 May indicate a pre-mediated and intentional attempt to undermine the country’s armed forces and inhibit the country’s security, the reply added.
The government added that the issues involved in the petitions are of critical importance to the national security and integrity of Pakistan.
“As such, to create deterrence in respect of such attacks, our constitutional framework allows perpetrators of such vandalism and violence to be tried under the provisions of the Army Act,” said the government reply.
It further submitted that recent episodes involving Shakeel Afridi and Kulbhushan Jadhav are enough (and sufficient) evidence to indicate that foreign powers are constantly working to destabilise the Armed Forces and weaken our national security.
The federal government added in its reply that the law, including the Army Act and the Army Rules, provides every possible protection to the fair trial rights of the accused person.
The government in its reply said that this court has already found favourably regarding the procedural and substantive protections provided for trial under the Army Act in, inter alia, the F B Ali and Said Zaman Khan cases.
During the previous hearing, Attorney-General for Pakistan (AGP) Mansoor Usman Awan had told the court that the cases against the detained civilians were still at the investigation stage, and also assured the bench that no accused would be charged with the commission of any offence that attracts either capital punishment or a lengthy sentence.
On May 9, alleged workers and supporters of the Pakistan Tehreek-e-Insaf vandalized and set fire to state and army properties and memorials in the wake of the party chief’s arrest by paramilitary troops from the premises of the Islamabad High Court (IHC).
A number of petitions were filed before the SC challenging the government’s decision to put May 9 suspects through military trials.
The petitioners include, PTI chief, civil society members, senior politician Chaudhry Aitzaz Ahsan and former CJP Jawad S Khawaja.
More to follow.....
