Supreme Court rejects plea to shift military trial accused to regular jails.  Top court accepts PTI founder’s petition for Judicial Commission to probe May 9 riots.

ISLAMABAD  -  The Supreme Court of Pakistan on Tuesday conditionally accepted a plea of the Founder PTI to constitute a judicial commission for inquiry into the events relating to violent public mobilisation on May 9, 2023.

The seven-member Constitutional Bench of the Supreme Court of Pakistan (SCP) headed by Justice Amin-ud-Din Khan was hearing the petition on Tuesday at the principal seat.

Earlier, the Registrar Office of the SCP objected to the petition terming it not of public interest. The Court, however, allowed the petition with the condition of proving the objections invalid before proceeding on the merits of the petition.

The Attorney General for Pakistan (AGP) Mansoor Usman Awan opposed acceptance of the petition and said that he has arguments against the petition.

Counsel for Founder PTI, Advocate Hamid Khan argued before the court that a judicial commission is highly needed at least to inquire what actually happened on May 9, 2023.

The court was dismayed over his remarks regarding ‘undeclared martial law in the country’ and asked the petitioner to prove his claim if there is any such evidence.

Justice Jamal Mandokhail termed it a sweeping statement and asked the petitioner to produce before the court if any authority has issued such an order. Justice Muhammad Ali Mazhar observed that the Army is summoned by a civil government under Article 245 of the Constitution of Pakistan. The petitioner can challenge it if he calls it undeclared martial law.

To a question raised by Justice Jamal Mandokhail as that why the petitioner did not approach a high court for the issue, Advocate Hamid Khan responded that the issue relates to the entire country and not to a particular province. Justice Amin-ud-Din Khan observed that the objections of the Registrar Office are apparently valid but the court allows a petitioner to argue on the petition beginning from responding to the questions raised by the Registrar Office. The court adjourned the proceeding for a date to be fixed later.

The Supreme Court Constitutional Bench has rejected the plea made by lawyer Latif Khosa to transfer military trial accused to regular jails.

The Additional Attorney General, during the proceedings, urged the apex court to postpone the hearing, stating that the Defence Ministry’s lawyer, Khawaja Haris, was ill and unable to attend due to stomach issues.

The seven-member constitutional bench, led by Justice Aminuddin Khan, accepted the adjournment request and postponed further proceedings until tomorrow. The bench had been hearing a petition questioning the legality of trying civilians in military tribunals.

During Tuesday’s proceedings, Latif Khosa, representing the petitioners, urged the court to transfer detainees to civilian jails. His plea was based on the argument that such a transfer would enable detainees to have meetings with their families, which had been a source of concern for their legal teams.

However, Justice Aminuddin Khan rejected the request, stressing that the Attorney General had already assured the court that necessary arrangements for family meetings would be made. Justice Aminuddin Khan further emphasised that the focus should remain on the legal aspects of the case rather than procedural concerns.

Later, the court adjourned the hearing until Thursday, with further proceedings expected to clarify the legality and future of military courts in trying civilian cases.