ISLAMABAD - The federal government has informed the Supreme Court that the military trials of civilians, involved in the May 9 riots following the arrest of PTI chief Imran Khan in a corruption case, have already begun.
The Supreme Court will today resume hearing in petitions challenging military trials of civilians. The government told the court about the development related to trials in the military court in a miscellaneous application following orders of the top court on August 3, highlighting that at least 102 people were taken into custody due to their involvement in the attacks on military installations and establishments. The federal government has informed the Supreme Court that “To safeguard the interests of the accused persons, it is imperative that their trials are conducted and concluded so that those who may merit acquittal can be acquitted, and those who may merit minor sentences and have already served time in custody can also be released.”
“Furthermore, the accused persons, if convicted, can avail remedies available under the law,” stated an application submitted to the apex court in response to the SC’s August 3 order. It is further submitted that the trials of these accused persons shall remain subject to the outcome of the proceedings of the apex court.
The development comes a day before a five-member apex court bench — headed by Justice Ijazul Ahsan, and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik — is scheduled to hear the pleas challenging the trial of civilians in military courts.
The application mentioned that since these trials have already begun, it is important that they are conducted and concluded to ensure fairness towards the “accused persons”.
“To safeguard the interests of the accused persons, it is imperative that their trials are conducted and concluded so that those who may merit acquittal can be acquitted and those who may merit minor sentences and have already served the time in custody can also be released,” it further read. The application also stated that if the accused persons are convicted, they can also avail remedies under the law.
The government, in the application, maintained that the trials of these accused persons shall remain subject to the outcome of the proceedings in the titled petition. On the last hearing conducted by a six-member bench on August 3, Attorney General for Pakistan (AGP) Mansoor Awan had reiterated an assurance on instructions specifically obtained from the highest military authorities that court martial of civilians would not commence without notifying the apex court.
The order noted that “We are confident that this commitment will be adhered to, and trials shall not commence without informing the court.” “The learned AGP, for this purpose, shall first inform the court through a statement made at the bar on a date of hearing fixed in these petitions. The court, after hearing the parties, may thereupon make any order it deems appropriate,” the court had noted.
In its application, the government stated that the trials of these accused persons shall remain subject to the outcome of the proceedings of the apex court. “It is stated that a total of 102 persons were taken into custody for their involvement in the attacks on military installations/ establishments, including Generals Headquarters Rawalpindi, Corps Commander House Lahore, PAF Base Mianwali, ISI Establishment Civil Lines Faisalabad, Sialkot Cantonment, ISI Establishment Hamza Camp Rawalpindi, Gujranwala Cantonment, and Bannu Cantonment, etc.,” said the application.
It added, “The accused persons were taken into custody during May this year and have been in custody since then. The accused have been taken into custody under the Pakistan Army Act, 1952, read with the Official Secrets Act, 1923, for attacking military installations/ establishments.”
On August 3, the then-SC chief justice Umar Ata Bandial said the apex court had stopped the country’s army from resorting to any unconstitutional moves while hearing the pleas challenging the trial of civilians in military courts.
A six-member bench, led by the CJP and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik, heard the case.
In the last hearing, the case was adjourned indefinitely after the Attorney General for Pakistan (AGP) Mansoor Usman Awan assured the then CJP that the military trials would not proceed without informing the apex court.
In response to the move by the then-government and military, PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, lawyer Aitzaz Ahsan, and five civil society members, including Pakistan Institute of Labour Education and Research (Piler) Executive Director Karamat Ali, requested the apex court to declare the military trials “unconstitutional”.
The initial hearings were marred by objections on the bench formation and recusals by the judges. Eventually, the six-member bench heard the petitions.