ISLAMABAD: The Attorney General for Pakistan (AGP) informed the Supreme Court (SC) that 15 to 20 accused, out of 103 persons arrested in the aftermath of the 9th May incidents and still in military custody, could be released before Eid-ul-Fitr.
A six-member bench, headed by Justice Aminuddin Khan and comprising Justice Muhammad Ali Mazhar, Justice Syed Azhar Hasan Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali, and Justice Irfan Saadat Khan, on Thursday, heard intra-court appeals (ICAs) against the SC’s October 23, 2023 verdict.
The bench conditionally allowed the military courts to announce their reserved judgments in cases of the 9th May 2023 accused. It directed AGP Mansoor Usman Awan to file the list of accused who could be acquitted and of those cases where the sentence is less than three years and could have the benefit of remission.
In the last hearing, Justice Amin had directed the attorney general to submit a list of 9th May accused, who could be released by the military authorities.
At the onset of the proceeding, the attorney general informed the bench that he has instruction that 15 to 20 accused can be released before the Eid, adding that would be done after the confirmation of military courts’ order by the army’s higher command. He said that in cases where there is a major penalty then the confirmation would be by the Chief of Army Staff. In lesser punishment cases, the remission under Section 382 of the PPC could be given and those persons can go home.
Justice Mazhar remarked that few days are left in Eid so let the process be concluded soon and the accused be released one week before the Eid. He asked the AGP to make a mechanism for other accused as well.
Justice Hassan asked the AGP to give the names of those accused who could be released. Usman said he could give the name after the final order on their cases. He further said he would submit the names before the Court.
Aitzaz Ahsan said the number of persons who could be released is very small. Justice Mazhar, therefore, asked the AGP to broaden the spectrum, and if more persons could be released then do something. He observed that the sentence under the Anti-Terrorism Act is not less than 14 years. He said the judgment of the five-judge SC declared the cases of persons in military custody be tried in the Anti-Terrorism Courts.
Faisal Siddiqui, the counsel representing some of the detainees, contended that the attorney general had given a statement before this Court that none of the accused would get 14 years’ sentence. He said the cases against the accused have been registered under the Official Secrets Act, 1923, and under that, there are four types of sentences i.e. one year, two years, three years, and 14 years.
Justice Shahid said why not the Court suspend the sentences of all the accused in military custody. The attorney general responded that the sentences could be suspended when the order is passed. He said that due to the Supreme Court’s order, the military courts have not passed the verdicts.
Upon that, Justice Shahid said the Court can grant them bail. The AGP then said there is no provision of bail in the Army Act, 1952. He said the detainees could have the benefit of Section 426 of the CrPC. However, Justice Shahid said why not we attract Section 497 of the CrPC.
Justice Amin said the SC’s judgment dated 23-10-23 had declared that clause (d) of subsection (1) of Section 2 of the Pakistan Army Act, 1952 (in both of its sub-clauses (i) and (ii)) and subsection (4) of Section 59 of the said Act are ultra vires the Constitution and of no legal effect.
He said let first the process is complete for the release of 20 persons, adding the Court can see the aspect of giving benefit under Section 426 of CrPC to other accused. He said their sentence could be suspended until the final verdict on the appeals.
Copyright Business Recorder, 2024