Pakistan’s top judge rejects govt request for full court on pleas against military trials of civilians

Bandial made it clear that civilian citizens should not be subject to trials which are not in accordance with the Constitution

Islamabad: Pakistan’s Chief Justice Umar Ata Bandial on Tuesday rejected the government’s request to constitute a full court bench to hear a set of pleas challenging the military trials of those involved in the May 9 violence targeted at military installations and government buildings.

A Supreme Court panel led by Chief Justice Bandial is hearing a set of petitions challenging the trial of those civilians in the military courts who were arrested following vandalism on May 9 when former prime minister Imran Khan was arrested.

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Bandial made it clear that civilian citizens should not be subject to trials which are not in accordance with the Constitution, the Express Tribune newspaper reported.

Emphasising on civilians having constitutional protection, he went on to say that the military courts conduct summary trials, do not issue reasons in their judgments, and don’t record evidence either; the courts are not open for the public.

Justice Bandial said that civilians should not be subject to undue harshness as he noted that military laws were very tough, and different from ordinary provisions. Nonetheless, he conceded that May 9 incidents were of a serious nature.

The remarks by the chief judge came a day after the government submitted its response in the Supreme Court regarding the trial of culprits in military courts under the Secret Services Act and the Pakistan Army Act.

Attorney General Mansoor Awan maintained that violence against military and vandalism of army installations was a direct attack on the national security of Pakistan, and was therefore prejudicial to security, interests and defence of the country.

“To create deterrence in respect of such attacks, our constitutional framework allows perpetrators of such vandalism and violence to be tried under provisions of the Army Act 1952,” Awan stated on behalf of the government.

The government also related the May 9 violence with terrorism related incidents like involving Indian prisoner Kulbushan Jadhav, emphasising that recent events are enough evidence to establish the “involvement of foreign powers in spreading instability in the country with an aim to weaken the armed forces of Pakistan and the country’s national security”.

“Under these circumstances, the trial of those accused of violence against the armed forces, as well as the personnel and establishments thereof, under the Army Act, is an apt and proportionate response, in accordance with the existing and prevalent constitutional framework and statutory regime of Pakistan,” maintained the government.

The government called on the apex court to consider its justification and dismiss all petitions filed against military trials of civilians in connection with the May 9 rioting and vandalism.

So far 102 accused have been handed over to the military authorities for trial but their fate depends on the decision of the top court which is currently hearing the case.

The hearing of the case was adjourned until Wednesday.