The trial will be held in open court, the accused will also have the opportunity to hire a private lawyer of their choice, whatever decision is taken after the trial will contain detailed reasons.
He said that as far as the appeal is concerned, there is a mention of an appeal in the Army Act, but the court has given one month’s time to consider the question of appeal raised before a constitutional court. Referring to the Kulbhushan case, Attorney General Bole said,
“I do not want to say everything, but we have to be very careful so that the country’s position at the international level is not affected.”
Do not be affected. The Chief Justice addressed the Attorney General and asked for confirmation that you are making a statement before the court that the government is considering giving the accused the right to appeal? Will this be done through legislation? The Attorney General said yes, the government will conduct a complete review.
Justice Muneeb Akhtar said that the matter of legislation goes to the National Assembly and the Senate, so do you want to say that the next government will take up this issue. Will you see? Petitioner Aitzaz Ahsan stood up from the seat during the hearing and said that the government is only afraid of this 6-member bench that its decision will not come.
Lawyer Sardar Latif Khosa said this is not Zia era. On this, the Chief Justice reprimanded them and said, “Don’t compare the current era with the martial law era, the court will intervene if there is a situation like martial law. On our request, the arrested accused were even contacted with their families.
The lawyer of the petitioner, former Chief Justice Jawad S. Khawaja, said that if the government needs time to think, then the court must give it, but until then an injunction should be issued on the trial in civilian military courts. The Chief Justice rejected this request and said that there is an assurance from the Attorney General, no trial is going on yet. Relax, if there is any progress without informing the court, the authorized person will be called. The court adjourned the hearing for an indefinite period and said that the date of the next hearing will be decided in consultation. Earlier, Attorney General Mansoor Usman Awan said in his arguments that many people were seen attacking sensitive places in the May 9 videos, only 102 people are on the military trial list, who were selected very carefully, on May 9, the attacks took place on Army and Air Force installations, and the airbase in Mianwali was also attacked. Justice Mazahar Ali Akbar asked who will be tried in military courts and who will not?
How was he selected? On which the Attorney General said that we are very careful about who should be prosecuted in the military court, very careful has been taken to prosecute 102 people in the military court, an incident like May 9 has never happened before in the history of the country, he added that in the court. From the video clips shown, it is clear that many people were involved in the events of May 9, despite the large number, 102 people were carefully selected for the court martial.
The Attorney General says that the incident of May 9 has happened for the first time in the history of the country, such incidents must be prevented in the future. Q. There will be a trial. Justice Muneeb Akhtar raised the question that if a soldier has a dispute with a civilian, how will the trial be? The law should be very clear.
Justice Ijazul Ahsan said that the 21st Amendment was amended for the application of the Military Act to civilians, conditions were set for the application of the Army Act to civilians, the military courts established under the 21st Constitutional Amendment were for a specific time.
Justice Yahya Afridi said that arguments like yours They seem to be denying what they have said, is the Army Act excluded from the scope of basic human rights? The Attorney General says that the G Army Act does not apply to basic human rights.
The Attorney General read Section 2(1) of the Army Act 2015 in the court. Justice Mazahar Ali Akbar Naqvi said that more emphasis has been placed on terrorist groups in the Army Act 2015. The Attorney General said that there is a mention of individuals in the Act.
The Attorney General said in his remarks that even before the 21st Constitutional Amendment, there was a mention of the application of the Army Act to civilians.
Justice Muneeb Akhtar said that it is clear from your arguments that the fundamental rights have been lost, can Parliament amend the Army Act? The Attorney General replied that yes, Parliament can amend the Army Act. Justice Muneeb Akhtar further asked that it can never happen.
It should be in the context of rights, your argument is that it is the will of the state to grant fundamental rights or not. Justice Ayesha Malik remarked that the 21st Amendment talks about the protection of the independence of the judiciary.
The Chief Justice said that the fundamental rights can be abolished only by legislation, think about it, the independence of the judiciary has a central position in the justice system of Pakistan, the independence of the judiciary has been declared as a fundamental right by the Supreme Court. Justice Umar Ata Bandial says that we cannot leave everything to the trial court, the Constitution of Pakistan was set aside by the 21st amendment in 2015, but it is not the case anymore.
The FB Ali case was related to retired army officers. The Attorney General said that I will explain the procedure of trial in military courts and then come to the judicial question, the report of what happens in the place under the supervision of the commanding officer, the report is sent to GHQ. Yes, an inquiry is started under the Army Act Rules, the next step is to take the custody of the accused. The Attorney General further said that after taking the custody of the accused, a summary of the evidence is prepared and charged, the evidence is recorded after stating the charges, if the commanding officer is not satisfied with the evidence, he terminates the charge, the accused is also given the option to record his statement. Time is given. The Attorney General said that under the Army Act, even in the trial, the decision is by majority vote, in case of death sentence, the decision must be taken by two-thirds. Justice Umar Ata Bandial said that this matter here is not related to this case.
The Attorney General said that none of the 102 accused arrested in Badi Nazaar will be sentenced to death or 14 years. Justice Muneeb Akhtar said that you mean there is no case under Section 3A. The Chief Justice asked what You are saying that such a case can happen. The Attorney General replied that my statement is up to the present stage.
