SC to modify stay order on military trials

Bench says those set for acquittal should be freed

ISLAMABAD:

A six-judge larger bench of the Supreme Court on Monday decided to amend its stay order prohibiting the announcement of military court verdicts against individuals tried for attacks on military installations since May 9 of the previous year.

The bench also sought details regarding individuals who are expected to be acquitted of the charges.

The bench, led by Justice Aminuddin Khan and including Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Musrat Hilali, and Justice Irfan Saadat Khan, heard intra-court appeals against the decision of a five-member bench.

During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the bench that the military courts had completed the trial of 103 accused, but the decisions had not been announced because of the stay order issued by the court.

Justice Aminuddin Khan stated that individuals who are acquitted should be released promptly. He stressed that a person sentenced to six months in jail should not remain in custody for a year.
“The main purpose of the court is to protect human rights,” he remarked.

Justice Musarrat Hilali mentioned that accepting the acquittal decision implied acceptance of the military courts' jurisdiction. However, she added that once acquitted from military custody, the detention of the accused would be deemed illegal.

Lawyer Salman Akram Raja pointed out that there was no stay on the acquittals, hence verdicts regarding the acquittals should be pronounced. Senior lawyer Aitzaz Ahsan concurred, stating that the acquitted accused should be released.

Justice Aminuddin Khan proposed that those accused who are likely to be acquitted should be released, while legal proceedings for the remaining accused would proceed. He stated that the stay order would be modified accordingly.

The bench instructed the Attorney General for Pakistan to inform the court regarding the number of accused expected to be acquitted and those who would not be acquitted. Additionally, the bench sought details about the accused who would receive reduced sentences.

The case pertained to the military court trial of 103 civilians for their alleged role in attacks on army installations during the riots that followed former prime minister Imran Khan’s arrest on May 9 last year.

In October, a five-judge bench unanimously nullified the military court trials of civilians.

On December 13, the apex court conditionally suspended its October 23 ruling, pending a final judgment, as it heard a set of intra-court appeals filed by the then caretaker federal government as well as the provincial governments of Balochistan, Khyber-Pakhtunkhwa, and Punjab.

Read Military trial of civilians gets SC’s nod

Later, a petition was filed by Faisal Siddiqui on behalf of those challenging the military trials to restrain these governments from engaging private counsel. On January 29, Justice Sardar Tariq Masood, who has now retired, sent the matter to the judges committee for the formation of a larger bench.

In Monday’s hearing, Salman Akram Raja and Faisal Siddiqui appeared as the counsel for those who had challenged the trials, while Aitzaz Ahsan appeared as one of the petitioners. Khawaja Ahmed Hasan represented Jawwad S Khawaja, one of the petitioners to challenge the military trials.

K-P Additional Advocate General Syed Kausar Ali Shah was also present during the proceedings and presented a letter from the advocate general, saying that the province wanted to withdraw its intra-court appeal. Justice Mazhar told him to formally file an application for the withdrawal of the appeal.

At the outset of the hearing, Khawaja Ahmed Hasan said that the families of the 103 accused wanted to join the proceedings and requested that they be allowed in the courtroom. Justice Aminuddin Khan said that the courtroom was already full. However, he added that the court would see to this matter.

Khawaja Ahmad Hussain also objected to the size of the bench and said that in the miscellaneous petition, a larger bench of nine members had been requested. He said that it would be appropriate to send the matter to the Judges Committee again for the formation of a nine-judge bench.

Khawaja said that the five-judge bench unanimously declared the military trial of the civilian null and void. He added, if this six-member bench nullified that decision by a 4-2 majority, the decision would become controversial because five judges would be on one side and four on the other. However, Justice Aminuddin Khan told him not to talk about assumptions.

Advocate Salman Akram Raja objected to the hiring of private lawyers by the government. He said that the AGP’s certificate was mandatory in the case of a private lawyer, but no such certificate from the AGP had been placed on record.

Lawyer Faisal Siddiqui said that the AGP had filed five appeals on behalf of government institutions, while some ministries had hired private lawyers. He asked why the public money should be spent on private lawyers when the AGP himself had filed the appeals.

Meanwhile, the court issued notices on the applications filed by the Lahore High Court Bar Association to become parties to the case. The bench also said that a decision would be announced on a request for a live broadcast of the proceedings.

Later, the hearing was adjourned until Thursday.