ISLAMABAD: The Constitutional Bench of the SCP, headed by Justice Aminuddin Khan, on Friday (13th Dec, 2024) has allowed the Military Courts to announce verdicts apropos eighty-five civilian who are accused of involvement in 9th May, 2023 riots.
According to the short order the decisions of the Military Courts will be subject to the decisions of under-trial/pending cases in the SCP. Justice Aminuddin Khan ordered: “Suspects who can be accorded concessions in their sentences, should be given so and released. Suspects who cannot be released should be moved to jails once their sentence has been pronounced.”
Former CJ of SHC, Justice (R) Shaiq Usmani (presently in the BoDs of F. Human Rights Institute), while commenting on the SCP’s Friday verdict, has informed that there was a provision* in the Pakistan Army Act (1952, that was later endorsed by Majlis-e-Shoora) that allows Military Courts to try any individual involved in destruction of Military Installations.
Maintaining that until the specific provision* was axed out of the Pakistan Army Act, trials of such accused could be carried out by Military Courts. Justice (R) Shaiq Usmani further told that a verdict by a Military Court could be challenged in High Court. The Constitutional Bench’s Friday verdict is bound to augment the PTI predicament.
*Section 2(d)(i)(ii) of the Army Act, 1952 provides for civilians, who commit certain offences that are directed towards military installations and an offence under Official Secret Act to be subject to Pakistan Army Act, 1952 thereby making them liable to be tried under Pakistan Army Act.
Newspakistan.tv
