ISLAMABAD: The Supreme Court directed the Attorney General for Pakistan (AGP) to submit a list of 9th May accused, presently in military custody, and who could be released.
A six-member bench, headed by Justice Aminuddin Khan and comprising Justice Muhammad Ali Mazhar, Justice Syed Azhar Hasan Rizvi, Justice ShahidWaheed, Justice Musarrat Hilali, and Justice Irfan Saadat Khan, on Monday, heard intra-court appeals (ICAs) against the SC October 23 verdict.
A five-member larger bench, headed by Justice Ijazul Ahsan and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha A Malik, on 23-10-23, declared that military trials of the (103) civilians for their alleged role in attacks on army installations during the riots that followed ex-premier Imran Khan’s arrest on May 9, unconstitutional, illegal, and of no legal effect.
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However, a six-judge bench, headed by Justice Sardar Tariq Masood by a majority of 5-1, on December 13, 2023, suspended the order of the five-judge bench. The same bench on January 11 allowed the military courts to continue the trials of 103 individuals but said that their final judgments would be subject to the outcome of this Court’s verdict.
During the proceeding, Justice Amin inquired from AGP Mansoor Usman Awan about the fate of the trial before the military courts. The attorney general replied the military courts had recorded the evidence but had not passed the final order, due to the direction of the bench. He stated that the Court had allowed the trial of 103 individuals, but had stopped them from passing the final judgments.
The AGP further said if there is acquittal with minor penalty then those accused would be released. In lesser sentence cases the accused could also benefit from Section 382 of the Pakistan Penal Code (PPC).
Justice Musarrat said there is no hindrance that the acquittal order could have not been passed. However, the AGP insisted that the Court had stopped the military officers from passing the final order. Justice Mazhar questioned how many individuals, in military custody, could be released. The attorney general replied he did not have the number right now. Justice Mazhar then remarked that the accused are already in military custody for the last 10 months.
Justice Amin told the AGP that on the next date, they would first take up the acquittal issue and later on will hear the arguments on the petitions, and adjourned the matter until Thursday (March 28).
Additional Advocate General KP Syed Kausar Ali Shah informed the bench that the Khyber-Pakhtunkhwa provincial government wanted to withdraw the appeals, which the interim provincial government had filed against the SC’s judgment dated 23-10-23.
Justice Shahid Waheed said the five-judge bench had rendered the decision on two provisions i.e. 2(1)(d) of the Army Act 1952. He questioned how the provinces or the private entities are affected by the Supreme Court’s judgment. He questioned whether the provinces or the private institutions are competent to challenge the federal law. The bench ordered the AGP to file a reply on how the provinces or private organisation are aggrieved of the SC 23rd October 2023 judgment.
Salman Akram Raja, representing some detainees, argued that the attorney general should file certificates regarding engaging external counsels to represent the federation.
Copyright Business Recorder, 2024
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