ISLAMABAD: While hearing pleas challenging the trial of civilians in military courts here on Thursday (3rd of July, 2023) CJP Umar Ata Bandial has stated that Army would not be allowed by the apex court to take any unconstitutional moves.
The case was being heard by a six-member bench led by CJP and harboring justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik, heard the case.
Later the hearing was adjourned indefinitely.
APP ADDS: The Supreme Court (SC) on Thursday adjourned the hearing for indefinite time in petitions against the trials of alleged rioters of May 9, in army courts.
The court said that the order pertaining provision of basic facilities to civilians accused will remain intact.
A six-member larger bench of the top court headed by Chief Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Munib Akhter, Justice Yahya Afridi, Justice Mazahar Ali Akber Naqvi and Justice Ayesha Malik heard the case.
At the outset of the hearing, on the request of Aitzaz Ahsan to take notes on the Official Secrets Act Bill, the chief justice remarked that there was a decision of the larger bench that the chief justice cannot take suo-moto notice solely.
Justice Muneeb Akhtar remarked that the provision of constitutional fundamental rights cannot be left at the mercy of the legislators. The CJP said that what happened on May 9, is very serious.
Attorney General of Pakistan Mansoor Usman Awan adopted the stance that that the arrested people have been charged under Section 2-D1 of the Official Secrets Act.
Justice Munib Akhtar remarked that as per the F.B Ali case, there would be a court martial if the accused had been charged under the Army Act.
He noted that if the judicial precedents are seen, the provisions of the Official Secrets Act do not apply to the arrested persons.
The attorney general said that the court martial is not a court established under Article 175 of the constitution.
Justice Munib Akhtar said that the state cannot ignore basic human rights even if it wants to do this.
He questioned that if it is not a court established under Article 175, then what is it?
The chief justice remarked that the 21st Amendment had clearly stated this law is for those who fight against the army.
It is not understood that why was there a need to bring the 21st Amendment as there were already laws exist.
Addressing the AGP, the chief justice remarked that according to you the crimes of civilians are already mentioned in the Army Act.
The CJP said that we appreciate that you are defending this case without any legislation or notification.
The chief justice asked the attorney general to clarify at the next hearing how a parallel judicial system can be established.
He remarked that the right of appeal is possible only through the legislation.
Chief Justice Umar Ata Bandial said that he didn’t know why Parliament is in a hurry in the matter of legislation. The court adjourned the hearing of the case for an indefinite period.
Newspakistan.tv
