ISLAMABAD - The Supreme Court yesterday ordered the federal government to file a comprehensive report on the procedure to ensure fair trials under Article 10-A of the Constitution to the convicts of military courts.
Chief Justice Anwar Zaheer Jamali questioned whether the terrorists who don’t recognise the Constitution of Pakistan and the law of the land should be dealt with like ordinary citizens.
Justice Saqib said a procedure has been given in Qanoon-e-Shahdat for fair trials. He questioned under which law the sentences were awarded by military courts.
The chief justice was heading a five-member larger bench that heard the appeals of the convicts awarded death sentences by the military courts that were upheld by the Peshawar High Court. The relatives of around 10 convicts have filed appeals against the PHC verdicts.
Asma Jehangir pleaded that they were against terrorism, but everyone should be given justice, adding innocent people should not be penalised by proceeding against them in haste in the name of terrorism. She said the Supreme Court was the last hope for them.
The court also ordered the government to submit the case record under which Ali-ur-Rehman and Javed Iqbal Chaudhry were awarded sentences by the military courts.
The chief justice said the country was facing the worst terrorism, security forces were fighting terrorists and soldiers sacrificing their lives. Justice Jamali said how the judiciary could keep its eyes closed when Pakistan had fallen victim to foreign-sponsored terrorism. He questioned whether terrorists should be dealt with like ordinary citizens when they were attacking the forces and civilians.
The chief justice said the terrorists and militants don’t recognise the Constitution and law, but their counsels seeking relief for them were aware of the law. He said they would have to examine the legal points.
Asma, who represented the convicts awarded death sentence by the military courts, contended the apex court should not ignore fundamental rights in the name of terrorism. She said everyone had right to enjoy the fundamental rights laid down in the Constitution.
The chief justice said there were examples that terrorists were punished in front of huge crowds. He said those who didn’t recognise the Constitution could use them in their defence. Asma said there were many who didn’t recognise the Constitution and the laws of the country.
Justice Khilji Arif Hussain, another member of the bench, agreeing with the counsel, said those who were conducting trial must accept the Constitution and the law. There should be some watchdog to monitor whether such quarters had trust in the Constitution and the law of the land or not.