Islamabad: In the case of civilian trial in military courts, the Attorney General has said that the army showed flexibility on the May 9 incident. In the Supreme Court, a hearing was held on the petitions filed against the trials of civilians in military courts.
The Attorney General, giving the details of the incidents on May 9, said that incidents took place in Corps Commander House Lahore, Mianwali, Sialkot, Rawalpindi, Bannu, the boundary wall of PF Base Mianwali, where Mirage fighter planes were present, Hamza Camp was targeted.
ISI Office Rawalpindi, Signal Mess and AFIC, Chaklala Rawalpindi were also attacked. He said that the people involved in the attack on the ISI office in Faisalabad were armed, 62 incidents took place in Punjab alone, in which 250 people including 198 security personnel were injured.
5 billion rupees were lost, these incidents were not done suddenly and systematically, Pakistan faced internal and external terrorism.
The Attorney General said that the army showed flexibility on the May 9 incident, the army is fully trained in the use of weapons, the military officers are not trained to deal with protesters like the police, they have to disperse such gatherings. Not taught. The Chief Justice of Pakistan said, “Are you saying that soldiers only know how to shoot?”
The Attorney General once again requested to form a full court and said that the Supreme Court should form a full court and hear the case for these reasons. The second reason is the application of the Official Secrets Act to miscreants, this type of case has come to the Supreme Court for the first time, so the full court was requested.
It has been declared correct. Justice Mazahir Naqvi said that in the past military courts were created as a result of constitutional amendments, the real question is whether civilians can be tried in military courts or not.
The Chief Justice asked how much is the punishment in military courts under Section 7? The Attorney General replied that under Sections 7 and 9 the maximum sentence in military courts was two years imprisonment. The Chief Justice said that the type of damage caused to the facilities in the normal courts and civil law, then the punishment is more severe.
Rani General said that Section 302 is also included in the Lahore case. Justice Mazahir Naqvi inquired that how many people died in the May 9 incidents? The Attorney General replied that no military personnel were martyred. Justice Mazahir Naqvi said that if there was no testimony, how was section 302 imposed?
The Attorney General said that the answer to this is Punjab and KPK Advocate General can give. Justice Muneeb Akhtar inquired why Section 3 of the Official Secrets Act was not imposed on entry into restricted areas. . The Attorney General replied that he will inform in this regard by taking instructions. The Chief Justice said that you are saying that it happened for the first time that people attacked military installations, do military courts’ decisions include detailed reasons?
The Attorney General replied that the reasons will be added if the court orders, the appeal against the decision of the military court is heard by officers of the rank of Major General, the appeal can be referred to the High Court under constitutional jurisdiction.
The Chief Justice remarked that an incident like May 9 had never happened before in my memory, the petitioners also want a trial but the issue is transparency, in the present case the case is criminal and the issue is fundamental rights.
Justice Ayesha Malik remarked that the list of one or two detained persons has not been made public yet However, the aspect of transparent trial is still missing. Justice Ayesha Malik said that if the fundamental rights of the accused were protected in the military courts, there would not have been so much of a problem.
Justice Muneeb Akhtar remarked that the Army Act is primarily meant for the army, the application of the Army Act to civilians is creating complications, the army justice system does not provide basic rights to the personnel.
The Chief Justice directed the attorney to inform the accused of May 9 whether they have the right to appeal or not. The court sought instructions from the federal government through the Attorney General and said to come up with instructions to provide the right of appeal only for limited cases.
should be Chief Justice of Pakistan said that there should be right of appeal, look at this case, Kulbhushan Yadav was also given right of appeal. The Attorney General said in response that I I will give instructions. The court adjourned further hearing of the case till Friday.
