Islamabad (Web Desk): The Supreme Court (SC) on Wednesday directed the Attorney General of Pakistan (AGP) Usman Mansoor Awan to obtain directions from the relevant authorities regarding the applicability of military trials under the Army Act 1952 and right of appeal in these courts.
The six-member SC bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and consisting Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik, resumed the hearing of petitions challenging the military trials of civilians.
During today's hearing, AGP Awan opened his arguments with the details about the losses incurred during the violent protests of May 9, once again requesting the court to form a full bench to hear the matter.
The CJP CJP inquired which sections were applied in the cases linked with the May 9 protests.
At this, the AGP informed the court that Section 302 of the Pakistan Penal Code (PPC) has also been included in the cases as the accuseds' offences were not civil nature.
Justice Naqvi then asked if any army official died amid protests.
Responding to the query, AGP Awan said there were no such reports.
When asked how this section was included when no deaths of army officials were reported, the official said he wasn't giving arguments on the matter as per orders.
At this, CJP Bandial also ordered the AGP to seek directives on this issue.
Justice Ijazul Ahsan inquired whether a meaningful appeal based on law and facts could be provided while CJP Bandial noted that the remedy provided against military courts is "very limited".
The CJP also referred to legislation in the Kulbhushan Yadav case regarding effective review against a military court’s judgment.
Later, the top court adjourned the hearing till 9:30am on Friday.
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.