The military trials of civilians, involved in the May 9 mayhem following the arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in a corruption case, have already begun, the federal govt informed the Supreme Court.
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 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 pleas challenging the trial of civilians in military courts.
“The accused persons were taken into custody during the month of 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,” the government stated, in its application.
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 August 3, the then-SC chief justice Umar Ata Bandial said the apex court would stop 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.
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