After the acceptance of mercy petitions of 19 convicts by the army chief on humanitarian grounds, a debate has started as to whether the Supreme Court's proceedings on matters related to the legality of trials of civilians in military courts have lost their relevance.
However, some members of the legal fraternity are expressing disappointment with the conduct of the SC in this case.
They believe that now the constitutional bench's proceedings are irrelevant as damage to the authority of the civilian judiciary has already been done.
One government official says that if the constitutional bench upheld the October 23 order, then these convicts will again be tried in anti-terrorism courts (ATCs).
Senior politician Chaudhry Fawad Hussain has said that the army chief's decision could be a step towards reducing tensions.
"Most of the accused are young individuals, and pardoning them might be the appropriate approach. In response, PTI should distance itself from accounts involved in personal attacks on the army," he adds.
Advocate Hafiz Ehsaan Ahmad Khokhar, while commenting on the grant of pardon and remission to those convicts by the military courts involved in the May 9 incidents, clarified that after awarding the sentences by Field General Court Martial and the confirmation of sentences under Section 120 of the Pakistan Army Act 1952, the federal government or the chief of the army staff can remit the sentences or grant pardons under Section 143 of the Pakistan Army Act, either without conditions or upon any conditions which the person sentenced accepts for any such period.
Former additional attorney general Tariq Mahmood Khokhar says that the rule of law is an existing constitutional principle in international law as in national law. It requires that questions pertaining to a "fair and public hearing by a competent, independent and impartial tribunal" are to be adjudicated by the application of the law and not the exercise of discretion; the latter, by definition, is arbitrary and antithesis to the rule of law.
The grant of "pardon" to 19 "convicts" will not serve any purpose here nor it is in our national interest", he adds.
Convictions and sentences earlier, and now pardons are presented to the international comity and the SCP as a fait accompli", says Tariq Mahmood Khokhar.
He concludes that the military court trials, convictions, sentences and pardons of civilians have destroyed the illusion of the supreme court's relevance.
Abdul Moiz Jaferii advocate also said that the chief of army staff is the head of a government department. The idea that this public servant has the authority to dispense mercy upon civilians is akin to the chairman WAPDA forgiving electricity theft"
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