Persons convicted by military courts: PHC asked not to pass interlocutory order

The Supreme Court on Wednesday directed the Peshawar High Court (PHC) not to pass interlocutory order for granting bails to persons convicted by military courts and issued notices to the respondents.

A two-judge bench comprising Justice Mushir Alam and Justice Qazi Muhammad Amin Ahmed heard the federation's appeal for the direction to the PHC to constitute a larger bench on the bail matter.

Attorney General for Pakistan Khalid Jawed Khan, representing Ministry of Defence, informed that a large number of petitions have been filed in the PHC challenging the conviction by military courts.

He said division benches of the High Court have passed divergent orders therefore the federation requested the chief justice Peshawar High Court to constitute a larger bench, so uniform orders are passed regarding the matter.

He further contended that many appeals of the persons convicted by the military courts were also pending before the Supreme Court, therefore the PHC was restrained from passing orders.

Justice Qazi Amin questioned how they can deny jurisdiction to the high court of a province, which hears the cases against the sessions and other courts in that province.

"How come we render the High Court dysfunctional," he further asked.

The AGP argued that these are not ordinary cases.

These are cases of people who were convicted by the military courts because they were involved in acts of terrorism.

He said the apex court has partly heard these cases, and those remain pending before it.

Justice Qazi Amin said even High Court acquits all the accused the federation has remedy. It can file appeal against the PHC orders in the Supreme Court.

"We cannot debar the PHC from passing the order in its constitutional jurisdiction."

The AGP contended that the law is involved in these cases therefore relief could not be provided to the respondents unless the legal points are settled.

He said in the Khyber-Pakhtunkhwa chairman Workers Welfare Board case, the apex court had restrained the PHC from passing any order unless the law is laid by it on the issue.

He argued that if the piecemeal decisions are rendered by the PHC then it will not be conducive in the present circumstance.

He said it is the duty of the High Court to do justice instead of passing piecemeal decisions.

The bench, directing the PHC not to pass interim order on the appeals against the military courts' decision, adjourned the case until Monday (May 18).