- The conduct and completion of military trials were deemed “mandatory” by the government.
- On conviction, accused persons can avail remedies under law: Govt.
- A 5-member bench of the Supreme Court will hear the petitions challenging the MLI court trial.
ISLAMABAD: Military trial has already begun against civilians involved in the May 9 violence following the arrest of Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan in a corruption case, the federal government informed the Supreme Court. Have done.
The government informed the court about developments related to trials in the military court in a miscellaneous application following the apex court’s orders on August 3, stating that at least 102 people were detained for their involvement in attacks on military installations. Was taken and establishment.
The development comes a day before a five-member bench of the apex court, headed by Justice Ijajul Ahsan and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Syed Mazhar Ali Akbar Naqvi and Justice Ayesha Malik – will hear the petitions challenging the case. But is going to be heard. Civilians in military courts.
“The accused persons were detained during the month of May this year and have been in custody since then. The accused have been detained under the Pakistan Army Act, 1952 read with the Official Secrets Act, 1923 for attacking military establishments. Establishment,” the government said in its application.
The application noted that since these trials have already begun, it is important that they are conducted and concluded to ensure fairness towards the “accused persons”.
“In order to protect the interests of the accused persons, it is necessary that their trial be carried out and concluded so that those who may be eligible for acquittal are acquitted and those who may be entitled to shorter sentences and have already received custodial sentences Those who have already served time can also be released.” “Read this further.
The application also states that if the accused persons are convicted, they can also avail remedies under the law.
The government said in the application that the trial of these accused persons would remain subject to the outcome of the title litigation proceedings.
SC’s order of August 3
On August 3, then SC Chief Justice Omar Ata Bandial said the apex court would restrain the country’s military from resorting to any unconstitutional steps while hearing petitions challenging the trial of civilians in military courts.
A six-member bench led by CJP and comprising Justice Ijajul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Syed Mazhar Ali Akbar Naqvi and Justice Ayesha Malik heard the case.
In the previous hearing, Attorney General of Pakistan (AGP) Mansoor Usman Awan had assured the then CJP that the military trials would not proceed without informing the apex court, following which the case was adjourned indefinitely.
In response to the move by the then government and the military, five civil society members, including PTI chairman Imran Khan, former Chief Justice Jawwad S Khawaja, lawyer Aitzaz Ahsan and Pakistan Institute of Labor Education and Research (PIL) executive director Karamat Ali, have Urged the court to declare the military trials “unconstitutional”.
The preliminary hearing was marred by objections to the composition of the bench and judges abstaining from the hearing. Ultimately a six-member bench heard the petitions.