Islamabad:
A member of a constitutional bench (CB) of the Supreme Court noted that if someone had committed a crime, that makes no difference if their trial is led to a civil court or a military court.
On Tuesday, a CB of seven members led by judge Aminuddin Khan heard the intra-cost appeals filed by the government against an order from the previous Supreme Court declaring the trials of the rioters of May 9 in the illegal military court.
During the hearing, judge Jamal Khan Mandokhail observed that those who committed a crime should be punished, no matter who they are. “What a difference it makes if a test takes place here [in a civilian court] or there [in a military court]? “He asked.
The lawyer for civil society, Faisal Siddiqi, opposed the observation indicating that there is a huge difference between a trial which takes place before a civil court and the one which takes place in a military court.
“One of them is a fair trial; the other is not,” he said. Judge Mandokhail noted that all forums are available under the law and that all are respectable.
Faisal Siddiqui said that in the Verdict of the FB Ali affair, the Supreme Court said that when Pakistan’s defense was in danger, civilians could be tried in military courts. However, cases related to the incidents of May 9, 2023 imply vandalism.
Earlier, judge Muhammad Ali Mazhar inquired about the number of individuals freed from the military courts. Faisal Siddiqui said there were a total of 105 accused, 20 of whom had been released.
The additional prosecutor general said that, initially, 20 people were released, followed by 19 others, leaving 66 accused still in prison.
Faisal Siddiqui has also noticed that in the United States, it is customary to allow the two parties the right to propose a judgment at the end of the arguments. He added that if the argument is that a martial court must take place, there are also available alternatives.
After Siddiqui concluded his arguments, Abid Zuberi, the lawyer representing the former officials of the Supreme Court bar, argued that the Pakistan Attorney General assured that the right to a fair trial would be confirmed. The CB will resume hearing the business at 9:30 am today.
One day earlier, the CB had asked what the status of the military court procedure would be procedure which exercised trials of dozens of rioters of May 9 if the cases against them were transferred to the ATC.
During the arguments, Faisal Siddiqi had noted that if his argument was accepted, the 1952 law of the Pakistani army would remain intact, but the trial of May 9 accused would become null and not avenue.
“If the trials are canceled, the cases that the military courts have not yet decided will be transferred to the ATCs, while cases where sentences have already been executed will be considered” passed and closed transactions “, told Siddiqui to the bench.
