Civilians' trial case: SC to be bulwark against any unconstitutional step, says CJP Bandial
Pakistan
AGP says assurances given to the court regarding civilians trial would be implemented
ISLAMABAD (Dunya News) – The Supreme Court of Pakistan on Thursday adjourned the hearing of a set of petitions challenging the trial of civilians in military courts for an indefinite period.
In a remark during the course of proceedings, CJP Umar Ata Bandial categorically said the apex court would not allow the army to go for any unconstitutional step.
A six-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik heard the petitions.
At the outset of the hearing, senior lawyer Aitzaz Ahsan came to the rostrum and asked the court to take a suo motu notice on proposed amendments to the Official Secrets Act.
He said the new law empowered intelligence agencies to search anyone at any time without getting warrant, adding that unlimited powers had been given to the spy agencies under the bill without any legislation. He added that there was a martial law-like situation in the country.
At this point, the chief justice asked whether the amendments made to the Officials Secrets Act were a bill or had been approved as law. Aitzaz replied that it was under consideration in the Senate.
Saying he was not much aware of the development, the CJP said as per the previous apex court’s ruling, the CJP alone could not take a suo motu notice.
Later, Attorney General for Pakistan Mansoor Usman Awan presented his arguments. He said the assurances given to the court regarding civilians' trial in the military courts would be implemented.
At one point, Justice Akhtar said the military trial of civilians was tantamount to having a parallel judicial system in the country.
The attorney general said military courts operated like the tribunals handled by the people associated with the armed forces and defence institutions. He added that court martial could not be carried out by courts formed under Article 175 of the Constitution, hence there was no right to appeal in it.
Justice Bandial said the apex court was reviewing the constitutional status of trial of civilians for committing an offence under the Army Act.
The AGP said a civilian, who is involved in a crime related to the armed forces, could be sent to military courts for trial.
During the hearing, the chief justice said it was not possible to conduct hearing of the petitions in the next two weeks and later adjourned the case for an indefinite period.
