Pakistan

SC yet to take up pleas against military courts

Judges still on benches despite summer vacation

Hasnaat Malik June 18, 2023

Supreme Court of Pakistan, where the office of Pakistan Bar Council is situated, in Islamabad, Pakistan April 4, 2022. PHOTO: REUTERS

ISLAMABAD:

The Supreme Court is yet to entertain any constitutional petition challenging the trial of civilians in military courts under the Army Act.

So far three main petitions have been filed in the apex court against civilians' trials in the military courts. One plea was moved by PTI chairman and deposed premier Imran Khan through his lawyer, Hamid Khan.

The second one was filed by civil society members through Advocate Faisal Siddiqi. Now senior politician Chaudhry Aitzaz Ahsan has also challenged the trial of civilians in the military courts.

The SC registrar returned Imran’s petition by raising several objections. Subsequently, an appeal was filed against the Registrar Office’s objections. The status of the other two petitions is unclear. They were neither returned, nor numbered. It is witnessed that the Professional Lawyers Group, which is known as pro-PTI, is active against civilians’ trials in the military courts.

The group has already organised a convention in Lahore against the trial of civilians under the Army Act. There are also allegations that the petitions against the military courts are being filed with the collaborative efforts of the PTI. The members of this group are optimistic that Chief Justice of Pakistan Umar Ata Bandial and his ‘like-minded judges' will pass orders against the military courts after Eidul Azha.

However, one section of the lawyers believes that CJP Bandial is not in a position to pass any coercive order in this matter before his retirement.

The government and ‘powerful circles' have the major advantage that the superior judiciary is divided on account of internal disputes.

Summer vacation has already started in the apex court. However, the majority of the top court judges are still on the bench next week. It is witnessed that Independent Lawyers Group, which is known as pro-government, is also not supporting civilians’ trials in military courts.

However, they are not effectively opposing them either. The civilians, who will be tried in the military courts, are those involved in attacking civil and military installations on May 9, the day the PTI chief was arrested from the premises of the Islamabad High Court by dozens of Rangers personnel in connection with a corruption case.

COMMENTS (1)

Nayab Ahmad | 1 year ago | Reply Though the higher courts in Pakistan have recently become suspect in public eyes it s still accepted that military courts aren t suitable to try civilians unless in times of War. If we look at British law for example the basis for most of our laws we see that under the Treason Act of 1351 and subsequent amendments and the Law and disorder Act of 1998 high treason treason are tried by normal courts . In rare cases parliament can form a joint tribunal to try civilians too invoking its overall sovereignty. The maximum penalty now under British law is life imprisonment.

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