Aitzaz submits more documents to SC

Papers carry earlier verdicts to back his case against trial of civilians in military courts

ISLAMABAD:

 

PPP dissident leader and senior lawyer Aitzaz Ahsan on Saturday submitted additional documents to the Supreme Court to back his petition against the trial of civilians in military courts.

The documents were submitted to the top court through a civil miscellaneous application.

They read that in an earlier decision, the SC had held that its jurisdiction under Article 184(3) of the Constitution could be invoked by an individual and the constitutional petition filed by such an individual was maintainable if the matter assailed involved a question of public importance with reference to the enforcement of any of their fundamental rights.

They added that the SC had ruled in that decision that the trial of civilians in the military courts under the Pakistan Army Act, 1952 was violative of articles 4, 9, 10,10A, 14, 25 & 175 of the Constitution.

The documents read that the SC had declared that sections 2(1)(d)(ii) & 59(4) of the Pakistan Army Act, 1952 and the Criminal Procedure Rules made thereunder were ultra vires to the Constitution and void.

The SC had held that the trial of civilians by the military courts was beyond the scope of Article 175 of the Constitution and violative of fundamental rights.

The documents cited the decision of an SC nine-judge bench, which had declared that allowing the establishment of the military courts for the trial of civilians was unconstitutional, without lawful authority and of no legal effect.

They mentioned another case, in which the top court ruled that the trials of civilians in the military courts was an exception and could never be the rule.

However, the SC noted that the gravity of the situation faced by the country back then and the intensity of the armed conflict warranted its description as a “threat of war”, permitting the trial of civilians by the military courts.

They added that the court had held that the provisions of the Pakistan Army (Amendment) Act, 2015 specifically provided that the offence must be committed by a person known or claiming to be member of a terrorist group or organisation using the name of religions or sects.

In addition, these people in furtherance of their terrorist design waged war against the country.

The documents cited another case, where the top court had held that the intention of the framers of clause (d) was clearly that even civilians or persons who had never been, in any way, connected with the army should be made subject to it in certain circumstances gravely affecting the maintenance of the military’s discipline.

“The nexus required is gravely affecting the maintenance of discipline in the army. The nexus required is that they should be persons who are accused of seducing or attempting to seduce any person subject to the Army Act from his duty or allegiance to government,” the judgment read.

The apex court has set the date of June 26 to hear the case of pleas against the trial of civilians in the military courts.

In the miscellaneous petition, it has been argued that the documents were important for the speedy disposal of the case.

It also asked the SC to make the documents part of the case record keeping in mind the requirements of justice.