ISLAMABAD: The Supreme Court will resume the hearing of petitions against the trials of civilians under the Army Act, 1952, from July 18.
Attorney General for Pakistan (AGP) Mansoor Usman Awan before the Eid informed a six-judge bench headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha A Malik that trial of 102 persons, none of them women and juveniles, are in army custody, has started and their cases are at investigation stage.
He also told that no journalist or lawyer is in their (military’s) custody, and no death sentence in these cases, as no foreigner is involved. “No penalty will translate into capital punishment,” he added. The AGP further stated that the cases are at the investigation stage and if the authorities come to the conclusion that these people be tried by the military courts then enough time will be granted to the persons to engage the counsel. “Nothing is taking place immediately.”
Former chief justice of Pakistan Jawwad S Khawaja, senior lawyer Chaudhry Aitzaz Ahsan, members of civil society, and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan have filed the petitions under Article 184(3) of the constitution asking it 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, 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.
On July 4, advocate Lt-Col Inamul Rahiem (retired) also filed a petition to set aside the trials, convictions, and sentences of 25 civilians conducted during the period of ex-prime minister Imran Ahmed Khan Niazi being the chief executive of the country.
He also cited former COAS General Qamar Javed Bajwa (retired), and ex-DG ISI Lt-Gen Faiz Hameed (retired), Judge Advocate General, JAG Branch GHQ, and registrars of all the provincial and Islamabad High Courts as respondents.
Meanwhile, an eight-member bench, headed by the chief justice, will hear petitions against the Supreme Court (Practice and Procedure) Act, 2023, on July 21.
Copyright Business Recorder, 2023
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