Islamabad (Staff Report/Agencies): Chief Justice of Pakistan (CJP) Umar Ata Bandial on Friday observed that the trial of those involved in May 9 violence should not begin in military courts without informing the Supreme Court (SC).
A six-member bench of the top court headed by CJP 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 a set of pleas challenging the civilians’ trials in military courts.
During today’s hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan took to the rostrum and reiterated the need for military courts. He also assured the bench that arrests were made very carefully after a thorough investigation. He further contended that according to the Army Act, those breaking the discipline of civilian forces came under the law.
Latif Khosa, the lawyer for petitioner Aitzaz Ahsan, stated that whatever was happening in the country today had taken place during the tenure of former military dictator Ziaul Haq.
“You can’t compare the present era with the era of Ziaul Haq. This is not Ziaul Haq’s era nor is martial law imposed in the country. Even if a martial law-like situation arises, we will intervene,” CJP Bandial remarked.
The court observed that citizens were accorded fundamental rights under the Constitution and wondered how these could be removed through specific restrictions under the Army Act.
The petitions were filed by former CJP Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan.
Khawaja, who filed the petition through his counsel Advocate Khawaja Ahmad, requested the top court to declare the trial of civilians by military courts unconstitutional.
The former CJP pleaded that Section 2(1)(d)(i) and (ii) of the Pakistan Army Act were inconsistent with the fundamental rights conferred by the Constitution and therefore void, and should be struck down.
As an interim measure, all proceedings against civilians based on the sections should be suspended or, in the alternative, any military court should be restrained from passing a final order in any case against civilians based on the sections, the petition stated.