The Supreme Court on Wednesday directed the Attorney General of Pakistan (AGP) to obtain directions from the relevant authorities regarding the right of appeal for those accused of partaking in May 9 rioting and vandalism and being subjected to military trials under the Army Act 1952, a private TV channel reported. The bench, led by Chief Justice of Pakistan (CJP) Umar Ata Bandial, gave AGP Mansoor Awan two days to get these instructions.
Chief Justice Umar Ata Bandial also observed that the Pakistan Army Act 1952 does not apply to all but to a specific class. The remark came as the Supreme Court (SC) directed the Attorney General for Pakistan (AGP) Usman Mansoor Awan to take directives from the government over the applicability of the army act, before adjourning the hearing of pleas against military trials of citizens till Friday morning. During the hearing, Justice Ijazul Ahsan inquired whether a meaningful appeal based on law and facts could be provided while CJP Bandial noted that the remedy provided against military courts is “very limited”.
The CJP also referred to legislation in the Kulbhushan Yadav case regarding effective review against a military court’s judgment. “I do not recall any such attack taking place on military installations in my life,” remarked the CJP, observing that the petitioners were not seeking freedom or impunity for the accused but were concerned about the fair process during the trial. “You have to address the [matter] of right to appeal,” said CJP Bandial, adding that it should be provided. At this, AGP Awan said that the court could provide the right to appeal.
However, Justice Yahya Afridi, pointed out that such legislation could be done by the parliament. “Why then, are they asking for such legislation from the court,” he asked. Meanwhile, Justice Ayesha Malik expressed serious apprehensions over the process of trial in military courts. “Nobody knows where the accused persons are,” she noted, adding that due process is missing. “It is a matter of fundamental rights of citizens and due process,” observed Justice Malik.
At one point during the hearing, AGP Awan apprised the bench that if the top court issues such directives, then military courts could also list out reasons for their decision in the judgments. The AGP also maintained before the court that the armed forces have exhibited flexibility over May 9 incidents. He contended that the armed forces are trained in the use of weapons unlike the police and are not taught how to disperse protestors.
This prompted the CJP to ask whether the AGP is implying that military officers only know how to fire bullets. Recounting notable incidents that followed the Pakistan Tehreek-e-Insaf (PTI) chief’s arrest on May 9, AGP Awan told the court that the Corps Commander’s House in Lahore, army installations in Mianwali, Sialkot, Rawalpindi and Bannu, including the boundary wall of Pakistan Air Force base in Mianwali, where Mirage fighter jets are kept, Hamza Camp, the Inter-Services Intelligence’s (ISI) office in Rawalpindi, Signal Mess, the Armed Forces Institute of Cardiology and National Institute of Heart Diseases (AFIC-NIHD) in Chaklala, Rawalpindi, were attacked.
The AGP said that miscreants who attacked the ISI base in Faisalabad were armed. “Around 62 incidents were recorded in Punjab alone, during which around 250 people, including 198 security personnel, were injured,” he added, arguing that these attacks were not carried out impulsively but through systematic coordination and planning.
