PHC seeks clarity on military courts

Published: July 4, 2019
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Peshawar High Court. PHOTO: FILE

Peshawar High Court. PHOTO: FILE

PESHAWAR: The Peshawar High Court has inquired Attorney General of Pakistan Anwar Mansoor Khan and Advocate General Khyber Pakhtunkhwa Abdul Latif Yousafzai that who would have heard the cases of those languishing in prisons if the extension to military courts were not granted.

PHC bench comprising Chief Justice Waqar Ahmad Seth and Justice Abdul Shakoor heard the petition on action in civil power regulation on Wednesday.

Petitioner Shabbir Hussain maintained that the federal government had implemented “Action in Aid of Civil Power Regulation 2011,” while combating militancy in the newly merged districts during which arrested militants were kept in the internment centers in the areas.

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The petitioner observed that after 25th Constitutional Amendment, merger of tribal districts into KP took place, such law would not be practised in merged districts. Those who had been arrested under such law should be produced in regular courts, while the special law would not be implementable under the apex court’s decision.

The petitioner urged the bench that the accused in such cases do not get proper legal assistant nor are their views for self-defence during the trial heard and the special provision in such court is violation of Article 25 of the Constitution.

PHC issued ultimatum to AGP and AG KP to submit their replies by August 7 and adjourned the hearing of the case.

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