ISLAMABAD   -   The Attorney General for Pakistan (AGP) Tuesday informed the Su­preme Court of Pakistan that the trial of 102 persons in army custody has not resumed yet.

He informed this to a six-member bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik during the hearing of the petitions against the trials of ci­vilians under the Army Act, 1952.

During the proceedings, Uzair Bhandari, representing Chairman Pakistan Tehreek-e-Insaf (PTI), con­tended that a top official of the ISPR in the press conference had stated that the 102 persons in the army cus­tody are being tried.

AGP Mansoor Usman Awan, com­ing on the rostrum, stated that he was watching the presser and no trial of civilians has started. He fur­ther said; “I stand by my statement given before the court yesterday (Monday).” “No trial has happened,” he added. The attorney general in­formed that the FIRs against the per­sons will be appended with his writ­ten synopsis. He added that in the concise statement, he would also an­swer about the inclusion of the Offi­cial Secret Act, 1923, provisions.

He told that the charges have not be framed against the persons involved in attacking the military establishment in May 9 incidents.

The Chief Justice said that much of the procedure is based on the Army Rules, and not accepting the definition of ac­cused given in the SC judgment in F.B. Ali case. He also said, “You are including the suspect in the category of accused.” The attorney general instead of re­sponding to that said that whatever the rights available to the accused in crimi­nal courts would be given to the persons tried in the military courts.

Justice Mazahar Naqvi said that will come in the later stage. “We are talking about acquisition of these civilians, who are in the army custody. The attorney general informed that the document in this regard will be provided after Eid. He added, “I will start argument after Eid.”

The attorney general provided the list of 102 persons, who are in the army cus­tody, and requested the bench it not be made public. He said each person is al­lowed to make call to his/her parent or spouse so they would know about their whereabouts.

Justice Ayesha questioned why the public do not know about these per­sons. She said when the families would contact them then ultimately everyone would know about their names. These are just names.

Justice Ijaz said that when the list will be in public domain then the families would know that their relative is in the army custody and that would take them out of the agony. The Chief Justice said that when the families will establish contact then the names will automati­cally come in the public.

The attorney general told that let the families contact them then after that the list can be made public. The Chief Justice said that there is one day before Eid after the families’ contact made public after 24 hours. The AGP asked Justice Bandial that he would inform him about the instructions in chamber.

The AGP said that the families can es­tablish contact with the commanding officer for meeting their dear ones. The visitation will be once in a week, the AGP said.

The Chief Justice stated; “I had visited the jail where the authorities informed him how the detainees can phone with their families as they have one tele­phone number and the detained per­sons are given fixed minutes to talk to their families.

About the food, he said there is no problem with food, but the difficulty will be with cooked food, as the facili­ties do not have the laboratory to ascer­tain whether the cooked food provided is safe or not? If something happens to the persons in custody, then responsibil­ity would be on the authority.

Justice Afridi asked the AGP, have you ever been to Adiala Jail. The attorney general replied ‘no’. The judge told him that he should visit it, adding that give them the matching food offered to de­tenues in Adiala Jail.

About journalist or lawyer custody, he said no lawyer or journalist is in their (military) custody. He acknowledged that some incident in the past took place i.e. with advocate Uzair Bandhari and Riaz Hanif Rahi. 

The Chief Justice told him to protect the lawyer and journalist. Justice Bandi­al after telling about cases where a man with his two daughters was recovered within a week with the efforts of the de­fence minister.

Uzair has concluded his argument. He mainly contended that the facts of the matter are in the public domain, adding that the Court can draw inference from the admitted facts, which have come from the credible persons. He request­ed the Court to order for open public trial and the media and public be giv­en access to their trials, which should be held under the Anti-Terrorism Act, in the open court.

Later, the bench deferred the hearing till the second week of July for further proceedings.