SC permits to continue civilians’ trial in military courts

Islamabad: The Supreme Court of Pakistan Wednesday suspended the decision to annul the trial of civilians in military courts and allowed to continue it.

According to the details, a six-member larger bench headed by Justice Sardar Tariq Masood, Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Irfan Saadat heard the case against the decision to nullify the trials of civilians in military courts.

A hearing was held on intra-court appeals in which the Attorney General Salman Akram Raja appeared in the court.

The petitioner, former Chief Justice Jawad S. Khawaja, had objected to the head of the bench, Justice Sardar Tariq, on which Justice Tariq refused to leave the bench.

At the beginning of the hearing, Justice Tariq asked the lawyers of the parties if anyone has noticed you. On this, Aitzaz Ahsan said that if there is an objection to the judges before the notice, there are arguments on it.

On this, the Attorney General said that the objection of the lawyers of the parties is baseless, first hear the case on merits, objection can be raised after the notice.

Justice Tariq asked the lawyers who has objected. On this, Salman Akram Raja replied that the objection was made by Jawad S. Khawaja. Justice Tariq replied that Jawad S. Khawaja has his own decision that the judge wants to leave the bench on the objection, I do not want to leave the bench, what can he do.

Latif Khosa stated that you are sitting and hearing the case despite our objection. On this Justice Tariq said that should I stand and hear the case.

The Attorney General got angry during the hearing saying that when there is no notice, how the objection can be heard. Those who objected are not in the court themselves, it is better for the bench to start hearing the appeals first.

Justice Tariq said that even in criminal cases, no decision is suspended without notifying the other side. The decision has not been suspended yet and it cannot be suspended without notice.

Salman Akram Raja said in arguments that the court cannot suspend the decision to annul the trial without hearing us.

Justice Tariq stated that the entire section of a law was declared null and void in two lines.

Meanwhile, defense ministry lawyer Khawaja Haris said that not every civilians will be tried in military courts, only those civilians who are a threat to national security will be tried in military courts. 104 people have been in the custody of the army for 07 months, it would be better if their trial is completed.

The court asked whether the trials had been completed. The Attorney General said that some of the accused had been indicted, some of them were guilty, many of the accused may be acquitted, and those who were sentenced would not exceed three years.

On this the court asked how you know that the sentence will be less than three years. The Attorney General said that in case of a lesser sentence, the period of detention of the accused will also be a part of the sentence.

Later, after hearing the arguments of the parties, the court reserved its decision to stay the order to suspend the trials of civilians in military courts, which was delivered some time later.

The court suspended the October 23 decision to nullify the trials of civilians in military courts, which the court pronounced five to one.

Justice Mussarat Hilali of the six-member bench disagreed with the five-judge verdict.

The court said that the final decision on the trial of 102 arrested persons will not be taken until the decision on the intra-court appeals and the final decision on the trial in the military courts will be subject to the decision of the Supreme Court.

It is pertinent to note that the government requested the court to suspend the verdict of October 23 saying that there are many hard-core terrorists who need to be tried.