Pakistan

'How can civilians be tried under secrets act', asks PHC

Calls for interpretation of Constitution in view of 23rd Amendment

Our Correspondent June 08, 2023

Peshawar High Court. PHOTO: PPI

The Peshawar High Court questioned on Thursday how civilian cases could be tried under the Official Secrets Act 1923.

A two-member bench comprising Justice Ishtiaq Ibrahim and Justice Sahabzada Asadullah was hearing a plea filed against the decision to try citizens arrested in relation to vandalism witnessed on May 9 and 10 in military courts.

Petitioner’s lawyer Shah Faisal Itmankhel informed that seven suspects arrested in relation to the incidents of May 9 and 10 have been handed over to the military. He contended that civilian cases cannot be tried in military courts after the 23rd Amendment.

Justice Ibrahim observed that under the Official Secrets Act, a court martial is carried out. “How can civilian cases be tried under the Official Secrets Act? Interpretation of the Constitution of Pakistan is needed,” he remarked.

Read PHC allows trial of rights activist by military court

AAG Daniyal Chamkani said that the Army Act was not mentioned in the FIR. The district public prosecutor has given his opinion on this matter, he added.

At this, the court asked the counsels to prepare arguments and adjourned the hearing till June 13.

A day prior, the military’s top brass announced the decision to tighten the noose around the “planners and masterminds” of those who mounted “the hate ripened and politically driven rebellion against the state and state institutions”.

Unlike in the past, the Inter-Services Public Relations (ISPR) issued an unusually detailed statement focusing mostly on the events that unfolded after the May 9 violent protests.

The most significant part of the statement was that the top military brass hinted at taking legal action against the leadership of Pakistan Tehreek-e-Insaf (PTI).

“It has been further stressed that, while the legal trials of perpetrators and instigators have commenced, it is time that noose of law is also tightened around the planners and masterminds who mounted the hate ripened and politically driven rebellion against the state and state institutions to achieve their nefarious design of creating chaos in the country,” according to the military’s media wing.

Military’s top commanders also specified that endeavours by any quarter to create obstructions and stymie the conclusive defeat of ill design of inimical forces will be dealt with iron hands.

On May 9 and 10, the country witnessed chaos and rioting as scores took to the streets in retaliation to the PTI chief’s arrest, which was declared “illegal” two days later by the Supreme Court.

Protestors blocked main thoroughfares across the country, attacked Jinnah House, which serves as the residence of the Lahore Corps Commander, as well as the gates of the military’s General Headquarters (GHQ) during the mayhem.

The government in turn responded by shutting off mobile internet services and restricting public access to information while incidents of law enforcement authorities opening fire on protestors were reported in some parts of the country.

COMMENTS (1)

Woke People of Pakistan | 1 year ago | Reply Illegal abduction from court. Assassination attempts. Insiders. Public videos. Circumstantial evidence. It all points overwhelmingly to this may 9 incident being a preplanned false flag by the estab boys. The details are well known to all and sundry. Now issuing threats to everyone will be dealt with iron hands is a new low for them. As usual some boys refuse to become men and stop acting like a gun that backfires into one s own face instead of firing into enemy s face What a disgraceful continuation of Yahya Ayub Khan Zia ul Haq Aslam Baig Musharraf Bajwa. They wear the uniform entrusted to them by the People of Pakistan and then betray the trust and start conquering the very hand that trusted them. So pitifully ignominious.

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