Pakistan
Constitutional bench conditionally grants military courts to sentence May 9 accused
Bench ordered that accused who can get concession in their sentences should be released
Islamabad: The Supreme Court’s constitutional bench allowed military courts to pronounce verdicts on 85 accused involved in the May 9 incidents, stating that the verdicts of military courts will be subject to the verdict of the case pending in the Supreme Court.
According to the details, the constitutional bench ordered that the accused who can get a concession in their sentences should be released, and those who cannot be released should be transferred to jails after being sentenced.
The Supreme Court’s constitutional bench has postponed the hearing of the civilian-military courts' case until after the winter vacations, while the constitutional bench has indicated that the 26th Amendment case will be heard in the second week of January.
A seven-member constitutional bench headed by Justice Aminuddin Khan in the Supreme Court heard an intra-court appeal against the trial of civilians in military courts.
At the beginning of the hearing, the constitutional bench adjourned the hearing of all cases other than military courts. The head of the bench, Justice Aminuddin, said that only the case involving military courts will be heard today.
Defense Ministry lawyer Khawaja Haris continued the arguments at the beginning of the hearing. Justice Jamal Khan Mandokhel said that first, give arguments on the point that the repealed provisions of the Army Act are following the constitution. Can everyone be brought under its category by amending the Army Act?
Justice Muhammad Ali Mazhar asked about the reasons for repealing the provisions in the court decision? Justice Jamal Mandokhel said that this aspect should also be kept in mind that the Army Act was made before the 1973 Constitution.
Defense Ministry lawyer Khawaja Haris said that there were flaws in the Supreme Court’s decision, to which Justice Jamal expressed his displeasure and said that the court’s decision should not be so disrespectful as to call it faulty.
Khawaja Haris apologized for his words that were not legal.
Justice Muhammad Ali Mazhar said, ‘Yesterday too, I had asked to provide the details of the events of May 9. Currently, we only have the matter of Corps Commander House before us, if the case is to be kept only up to Corps Commander House, then tell us that too’.
The Additional Attorney General said that all the details were received this morning, which he will formally submit in the form of a miscellaneous application.
Justice Musarrat Hilali asked, ‘What will happen to the trial under the provisions that have been declared null and void? Even before May 9, someone must have been convicted under these provisions?’
Defense Ministry lawyer Khawaja Haris said that decisions made on relevant provisions before they are repealed are generally protected.
Justice Musarat Hilali stated that this would be biased against those accused.
Justice Aminuddin Khan asked Khawaja Haris how much more time he would take. Haris replied that the arguments will take some more time now.
Justice Aminuddin Khan said that the case is postponed until after the winter vacation.