9th May incident: Persons in military custody are being treated shabbily, SC told

ISLAMABAD: The Supreme Court was informed that the persons who are in military custody in the aftermath of the 9th May incident are being kept in a pathetic situation and treated inhumanly.

A seven-member bench, headed by Justice Amin-Ud-Din Khan and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Irfan Saadat Khan, and Justice Shahid Bilal Hassan, on Monday, was hearing the appeals against the SC’s judgment regarding the trial of civilians by military courts.

The bench by a majority of 5 to 2 allowed the petitions of Bar Councils and Associations, and the Interior and Defence Ministries to implead party in the instant matter.

Salman Akram Raja, representing the arrested civilians, informed the bench that according to him the detenues were brought in shackles, hands tied on the back and were wearing hoods. They are kept in inhuman condition. The families are not allowed to meet them. He said that after the Supreme Court’s judgment, there is no justification that they remain in military custody.

The court directed Attorney General for Pakistan (AGP) to look into this matter and file a report on it. He was also ordered to produce the record of the trial of the detainees. AGP Mansoor Usman Awan assured the bench that he would definitely convey the Court’s concern to the military authorities.

Justice Mazhar said in the past the detainees were allowed a meeting and told that there was no issue, adding in the jail there was no need of handcuffs. Justice Jamal said that they would not allow inhuman treatment with the detenues.

Justice Amin said that they never wanted that the persons arrested in the aftermath of 9th May incidents remain in the military custody, adding that due to the Supreme Court around 20 persons have been released.

Justice Mazhar said since the appeals have been set for hearing, but each date the respondents (detainees’ lawyers) raise some objections. He said if the case is limited only to the vires of the law then the appeal proceedings could be concluded soon.

Khawaja Ahmed Hosain, who appeared on behalf of ex-CJP Jawad S Khawaja, one of the petitioners, withdrew the application raising objection on the composition of the bench.

During the proceeding, Justice Waheed remarked that the vires of the law have been challenged before the Court. He said when neither the provincial governments nor the ministries are aggrieved then how they cannot implead party in the case. He stated that they are hearing the appeal under Section 5 of the Supreme Court (Practice and Procedures) Act, 2023. “Whether we like to open all the questions of law or limit to some of its provisions.”

Justice Waheed inquired from the AGP that under Section 5, he would re-argue the whole case or give some precedents. He observed that still the Rules have not been framed for hearing of intra-court appeal against the Supreme Court’s judgments delivered under Article 184(3) of the constitution.

Justice Mazhar noted that though there are no rules for hearing ICA under Section 5 of the Act, 2023, but the legislature has taken the idea of appeal from the Law Reforms Ordinance, 1972.

Senior advocate Hamid Khan informed the bench that he has filed petitions on behalf of the Lahore High Court Bar Association and Lahore District Bar, and they support the Supreme Court’s judgment on military courts. He submitted that the apex court in the Rawalpindi District Bar Association case held that the Bars have standing in cases of fundamental rights, therefore, can file the petitions.

Copyright Business Recorder, 2024