ISLAMABAD: Senior lawyer Chaudhry Aitzaz Ahsan challenged trials of civilians in military courts in the Supreme Court, praying to declare them unconstitutional
The senior lawyer, on Saturday, filed a constitutional petition through advocates, Latif Khosa and Salman Akram Raja before the Supreme Court praying to declare the federal government’s decision to conduct trials in military court as null and void.
The Pakistan Tehreek-e-Insaf (PTI) Chairman, Imran Khan, and the members of civil society have already filed the petitions under Article 184(3) of the constitution asking the Court to declare that the trials of the civilians arrested, in light of May 9 and 10 violent protests, under the Army Act and Official Secret Act are violative of Article 25 of the constitution, until and unless legal and reasonable guidelines are framed to structure the discretion not to arbitrarily try civilians under Army Act.
The petition filed by Ahsan takes exception to Section 2(1)(d)(ii) and 59(4) of the Pakistan Army Act 1952 and calls on the apex court to either declare them ultra vires to [beyond the powers] granted by the Constitution of Pakistan or that they cannot be invoked for offenses listed in FIRs referred to in the petition.
It also asked the court to declare that trying civilians under the Pakistan Army Act is violative of Articles 4, 9, 10A and 175 of the Constitution and the decisions taken by the federal government and the Corps Commanders Conference regarding the same should be set aside.
He also requested the court to issue a written prohibition against the constitution of military courts and the referral of cases to military courts in relation to the events of May 9 besides declaring all such trials that have commenced till date as violative of the Constitution and the law.
It further prayed the court to issue a habeas corpus [a written order requiring persons under arrest to be brought before a judge or court, especially for release or to show grounds for detention] for all persons handed over or picked up by military authorities for trial before military courts in relation to alleged offences committed on May 9.
“All such persons should be handed over to the relevant civilian institutions, contends the petition, adding that federal and provincial authorities should be directed to conduct a probe and determine true facts of the events of May 9, including the apparent absence of resistance by police and other law enforcement agencies on the day, under the supervision of this court.
The federal government acted as a rubber stamp on the Corps Commander’s decision to trial in military courts, it said.
“Section 94 of the Army Act and the Rules of 1970 are inconsistent. Section 94 and the Rules should also be declared unconstitutional.
The decision of the anti-terrorist courts to hand over the accused to the military authorities should be annulled. An order should be made to release the civilians detained by the military authorities,” the lawyer pleaded.
On May 9, reacting to the arrest of the PTI chief by troops of the paramilitary Rangers from the premises of Islamabad High Court, PTI supporters thronged the streets in protest.
The protesters damaged several military and state installations, including the Corps Commanders residence (Jinnah House) in Lahore and the gates of the military’s General Headquarters (GHQ) in Rawalpindi, were attacked by vandals. Internet services were suspended for four days and access to social media was hindered for days after.
The army top leadership and the federal government reacted strongly to the attacks on army installations and called for the severest punishment under the law for those allegedly involved.
Despite criticism from several corners, local and international, the decision to try civilian suspects under military courts was backed by the National Assembly and the Senate in separate resolutions.
Copyright Business Recorder, 2023
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