SC resumes hearing on civilians’ trial in military courts case

Islamabad: Supreme Court of Pakistan Friday resumed the hearing of petitions filed against the trials of civilians in military courts.

According to details, a six-member bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial comprising Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Akbar Naqvi and Justice Ayesha Malik is hearing the petitions against the trials of civilians in military courts.

During the hearing, Attorney General of Pakistan (AGP) Mansoor Usman Awan argumented that on the last hearing, the details of planned attacks on May 9 came to light.

“Photographic evidence proves that the faces of all the people involved in the attack were clear. After this incident, only 102 people were arrested in a very careful manner,” stated Mansoor.

The AGP said, ‘I want to say again what happened on May 9 never happened in history and cannot be allowed again in future’.

Meanwhile, Justice Mazahir Naqvi inquired under which procedure people have been taken into military custody. On this, Attorney General replied: “The section of the Army Act is clear about civil crimes, if a civil crime is committed by a civilian, the trial cannot be under the Army Act”.

Chief Justice addressing Mansoor Awan said read Section-2 of the Army Act, which deals with the trial of civilians.

Attorney General responded that according to Section-2 of the Army Act, if a civilian interferes with the defense affairs, he comes under the purview of this law.

Justice Umar Atta Bandial inquired how the discipline of the forces has deteriorated. “Disrupting military officer's work and disrupting discipline is written in the law or derived,” he added.

Mansoor Awan added that it is listed in the Army Act. On this Justice Yahya Afridi asked if you are saying that Army Act is outside the scope of basic human rights. AGP responded to him that Army Act does not apply to basic human rights.

Justice Yahya inquired whether soldiers or civilians, will those who come on trial under the Army Act be excluded from basic human rights.