Military trials of civilians: SC to take up pleas on Oct 23

The Supreme Court (SC) will take up petitions challenging the trials of civilians in military courts on October 23, reported Aaj News.

Justice Ijazul Ahsan will lead the bench that includes Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi and Justice Ayesha Malik.

On Thursday, petitioner Junaid Razzaq, father of Arzam Junaid, who is in military custody, approached the apex court to expedite the hearing of the case, stating that the military court trials had already begun, and requested that the case be scheduled for the third week of October.

Arzam was arrested on May 15 and transferred to the custody of the commanding officer in Lahore on May 25. A period of more than four months has lapsed since the transfer of his custody to military authorities.

The petitioner claimed the commencement of military court trials for civilians was a clear violation of an apex court order that was issued on August 3, 2023.

The above-mentioned case was last heard on August 3, by a six-judge bench, headed by former Chief Justice Umar Ata Bandial.

In the last hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the court that the military’s top officials and the government are seriously considering providing appeal against the verdict of the military court (MC) to the level of high court.

Meanwhile, Pakistan Tehreek-e-Insaf (PTI) demanded that the concerned quarters and the authorities should honour their undertaking in the apex court and should immediately halt the process of conducting the trial of cases against civilians in military courts.

The spokesman for PTI chief Shoaib Shaheen, in his letter to the AGP, reminded his commitments before the SC that there will be no trials of the persons in military custody.

“In reference to the court order dated 03.08.2023, I would like to inform and request that on 21.07.2023, Constitution Petition Nos. 24 to 28 & 30 of 2023 was fixed for hearing before the SC, wherein you after seeking instructions from the federal government made a statement before the top court that there will be no trials of the persons in military custody,” he added.

“In view of the above, you are hereby requested to inform the concerned quarters and the authorities to honour the undertaking and implement the order dated 03.08.2023 in its true letter and spirit and not to commence the trial as per undertaking and the order of SC,” Shaheen added.

Background

Former chief justice of Pakistan Jawwad S Khawaja, senior lawyer Chaudhry Aitzaz Ahsan, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, and the members of civil society have filed petitions under Article 184 (3) of the constitution before the apex court, asking it to declare that the trials of the civilians arrested in light of the May 9 and 10 protests under the Army Act and Official Secrets Act are in violation 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 the Army Act.

On May 9, following arrest of the PTI chief from the premises of Islamabad High Court (IHC), PTI supporters thronged the streets in protest.

The protesters damaged several military and state installations, including the Corps Commander’s residence (Jinnah House) in Lahore and the gates of the military’s General Headquarters (GHQ) in Rawalpindi.