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.