Islamabad: A six-judge larger bench headed by Chief Justice Umar Atta Bandial on Tuesday heard similar petitions challenging the trial of civilians in military courts under the Army Act 1952.
Other members of the bench include Justice Ijazul Ahsan, Justice Yahya Afridi, Justice Muneeb Akhtar, Justice Mazahir Ali Akbar Naqvi and Justice Ayesha A. Malik.
The federal government on Monday urged the apex court to dismiss all petitions challenging military court trials of civilians, saying violence against the army and vandalism of military installations was a direct attack on Pakistan’s national security.
In its reply, filed through Attorney General Mansoor Usman Awan, the government defended the military tests, saying Article 245 of the Constitution casts an obligation on the armed forces to defend Pakistan against external aggression or threat of war.
It further said that trial by court-martial does not abridge the rights guaranteed under the law.
The bench is also going to hear the petition of Supreme Court Bar President Abid Zubiri today.
The government submitted that the events of 9 May involved targeted attacks in an organized and coordinated manner on a number of military installations and installations across the country. The response said, the events of May 9 indicate a premeditated and deliberate attempt to weaken the country’s armed forces and disrupt the country’s security.
The government further said that the issues covered in the petitions are important for the national security and integrity of Pakistan.
The government reply said, “In order to create fear in connection with such attacks, our constitutional framework permits the perpetrators of such vandalism and violence to be prosecuted under the provisions of the Army Act.”
It was further submitted that the recent episodes involving Shakeel Afridi and Kulbhushan Jadhav are sufficient (and sufficient) evidence to indicate that foreign powers are continuously working to destabilize the armed forces and undermine our national security.
The federal government further said that the law, including the Army Act and the Army Rules, provide every possible safeguard to the fair trial rights of the accused person.
This court has already found favorably, inter alia, the procedural and substantive safeguards provided for trial under the Army Act in the FB Ali and Saeed Zaman Khan cases,” the reply said.
petitions
Following arrests made in connection with the violent riots that broke out across the country on 9 May, the government announced its decision to prosecute in a military court those found guilty of attacking and damaging military installations – government and military Both considered this step. low blow.
In light of this decision, five civil society members, including PTI chairman Imran Khan, former chief justice Jawwad S Khawaja, legal expert Aitzaz Ahsan and Pilar executive director Karamat Ali, urged the apex court to declare the military trials as “unconstitutional”. Did.
In the petition filed through his counsel, the former CJP contended that Section 2(1)(d)(i) and (ii) of the Pakistan Army Act are inconsistent with the fundamental rights guaranteed by the Constitution and should be struck down.
In addition, five members of civil society from different cities – represented by Faisal Siddiqui – appealed to the apex court to declare the trial of civilians in military courts illegal.
Similarly, Ahsan’s petition challenged the government’s decision to try civilians in military courts.
More to follow…
