ISLAMABAD:
The federal government informed the Constitutional Chamber (CB) of the Supreme Court on Friday that only 105 of the more than 5,000 people accused of resorting to violence on May 9, 2023 had been prosecuted in military courts, as it There was strong documentary evidence against these 105 people.
As the seven-member CB resumed hearing appeals filed against the SC’s October 2023 order regarding trial of civilians in military courts, Additional Attorney General Amir Rehman responded to a question raised by a member of the court a day earlier regarding the selection of defendants for trial in military courts.
“There were around 5,000 suspects involved in the events of May 9. Among them, 105 suspects were arraigned before military courts, with strong evidence of their presence at the scene of the incidents,” Rehman told the directed bench by Justice Aminuddin Khan.
During the hearing, Judge Mussarat Hilali discussed the October 1999 air plot case.
On October 12, 1999, the then Prime Minister Nawaz Sharif attempted to sack the then army chief General Pervez Musharraf, who was returning to Pakistan after an official visit to Sri Lanka.
Nawaz Sharif reportedly ordered the closure of Pakistan’s airspace to prevent Musharraf’s plane from landing in Karachi. The plane, which was carrying Musharraf and more than 200 passengers, was apparently low on fuel, creating a potentially deadly situation.
In response, senior officers loyal to Musharraf launched a coup, taking control of the government and airports. The plane finally landed safely in Karachi.
Referring to the incident, Justice Hilali noted that despite the alleged attempt to prevent an airliner carrying the army chief from landing in Pakistan – an act that allegedly resulted in the military coup, Nawaz Sharif was not tried by a military court.
Responding to this observation, Defense Ministry lawyer Khawaja Haris said that the Pakistan Army Act, 1952 does not deal with hijacking and that is why the accused was not tried by a military court.
Haris argued that the Pakistan Army Act, 1952 applies only to those who violate the Official Secrets Act, 1923 and not to all terrorists.
Justice Hilali asked whether military courts were conducting trials on the basis of FIRs registered at police stations. She questioned how military courts could handle cases registered under the Pakistan Penal Code (PPC) 1860 and the Anti-Terrorism Act (ATA) 1997.
“The copies of the three FIRs provided to the court do not include the provisions of the Official Secrets Act,” she added.
Haris told the bench that additional provisions could be included after investigation. Justice Muhammad Ali Mazhar noted that there is a separate procedure for adding additional provisions and asked whether the investigation was based solely on the findings of the police.
Khawaja Haris said once a suspect is detained by the military, there is a separate investigation system within the military.
Judge Hilali also asked for clarification on who writes the judgment in military courts.
“As far as I know, the case is heard by only one party, but the decision regarding punishment or reward is made by the commander, who has not even heard the case. How can someone who has not heard the case decide on punishment or reward? reward?” she asked.
Haris responded that the military’s Judge Advocate General (JAG) branch is providing assistance in drafting the decision. Judge Hilali then asked the lawyer who serves as a judge in military courts in other countries, including the United States.
Justice Muhammad Ali Mazhar noted that officers preside over courts martial around the world.
Khawaja Haris said the officers who preside over military courts are experienced in conducting trials. Justice Mazhar, however, intervened and told the lawyer that Justice Hilali was asking whether these officers also had legal qualifications. The CB then adjourned the hearing until Monday.
