PBC opposes civilians’ trial under Army Act

The Pakistan Bar Council, which is the apex regularity body of lawyers, has reiterated its consistent view that “ordinarily, no civilians are prosecuted or tried under the Army Act-1952,” and demanded that extraordinary care and restraint “shall be exercised by the relevant authorities and it shall be ensured that no innocent shall be prosecuted”.

A meetings of the PBC executive committee and its Central Free Legal Aid committee was held under the chairmanship of Hassan Raza Pasha and Chaudhry Tahir Nasrullah Warraich. The meeting was also attended by Vice-Chairman Haroon-ur-Rashid.

The meeting unanimously resolved that the Supreme Court Practice and Procedure Act, 2023, has been duly enacted by parliament while exercising its powers under Article 191 of the Constitution.

The meeting decided that the lawyers community will stand by its commitment and will continue its struggle to save this precious legislation.

In a statement the PBC said that the implementation of the judicial reforms had been a demand of the lawyers organisations for over two decades. “The legal fraternity will continue their struggle for the protection of this important legislation,” it added.

The PBC strongly condemned the desecration of the monuments of the martyrs during the May 9 events. “Political protests should only be carried out in a peaceful manner. No one is allowed to take the law into his own hands,” it added.

The PBC reiterated its stance that no civilian should be tried under the Army Act. It also called for exercising restraint and utmost care during the trial of a civilian under the Army Act.

“Those responsible for the events of May 9 should be prosecuted, according to law. However, the authorities concerned should ensure that no action is taken against any innocent person. Under the Constitution, every accused has the right to a fair trial.”

It also urged the judiciary to take up the reference it had filed against some judges. “Some of the judges against whom references are pending, instead of deciding cases on merit, are only busy pleasing the lawyers who speak in their favour,” the PBC said.