Treat May 9 detainees humanely, SC tells govt

Bench hears appeals against military court order

ISLAMABAD:

The Supreme Court has directed the federal government to ensure that the people who are in custody of military authorities due to their alleged involvement in May 9, 2023 incidents of vandalism are treated humanely.

A seven-member larger bench of the apex court issued this instruction on Thursday as it resumed hearing the federal government’s intra-court appeal against an earlier SC verdict annulling trial of May 9 rioters in military courts.

During the hearing, counsel for one of the respondents, Sardar Latif Khosa, told the bench that in violation of the court’s order one of the accused in the custody of military authorities was not allowed to meet his family despite the fact that his five-year old child had died in his absence.

Justice Jamal Khan Mandokhail remarked that detainees should be treated humanely. He questioned why the detainees were not in jail if their physical remand had ended. “These prisoners should be dealt with according to the law,” he said.

Justice Irfan Saadat Khan added that inhumane treatment of people is unacceptable.

Justice Muhammad Ali Mazhar, addressing Attorney-General for Pakistan (AGP) Mansoor Awan, stated that court time is wasted on complaints and reminded him that he previously assured the court that detainees’ families could meet them weekly.

He questioned why this practice was not continued and instructed the AGP to ensure compliance with court orders. The AGP assured the court that family meetings with detainees would be arranged as per the court’s instructions, adding that Hafeezullah Niazi and his family were scheduled to meet his son today (Thursday)

Interestingly, the bench on Thursday finally started hearing the appeal on merit.

At the start of his arguments, Khawaja Haris, representing the Ministry of Defence, stated that in the FB Ali case, the Supreme Court had already reviewed the Pakistan Army Act, 1952 and declared it a valid law.

Justice Shahid Waheed asked the AGP to explain the legal flaw in the SC’s October 23, 2023 ruling declaring as ‘unconstitutional’ the military trial of 103 civilians for their alleged involvement in May 9 violence

Justice Waheeed said an appeal can only rectify an error.

He further asked the Attorney General to clarify what the scope of an intra-court appeal is. He questioned whether the court could form a different opinion or remand the case during an appeal.

Justice Muhammad Ali Mazhar noted that if the case proceeds this way, it might take two years. He added that until rules for intra-court appeals are established, these appeals should be viewed in the context of an appeal, and the court can form a different opinion or remand the case.

The AGP read Justice Mansoor Ali Shah’s dissenting note in the Practice and Procedure Act, 2023 case, stating that the purpose of an intra-court appeal is to provide the affected party with an appellate forum.

Justice Jamal Khan Mandokhail questioned the court’s authority to reverse the original decision. Justice Shahid Waheed pointed out that if the court forms a different opinion in an intra-court appeal, it would have to annul the original decision.