ISLAMABAD: Commenting over the verdict of the five-judge bench of the apex court on trail of civilians in military courts, legal experts welcomed the decision, saying that the top court has upheld the principal set in the constitution.
Barrister Aitzaz Ahsan — who was one of the petitioners in the case — termed the verdict “very important”, adding that it “would also strengthen democracy, Constitution and the justice system”.
He said that all institutions must now realise that the SC had declared that no one was above the law. “We were against military courts and we endeavoured against it. The verdict has shown that giving relief is the prerogative of the SC,” he said.
Ahsan said that reports had alleged that trials had begun even though the government had stated that this would not happen until the apex court was informed.
“The government informed the SC but after the commencement of trial. The government was supposed to inform before trials [began],” he said.
He said civilian institutions would gain confidence after the verdict and strive to improve their performance. He thanked the apex court for listening to the petitioners in the case and giving them a chance to speak.
He said that judges should be impartial and should not fear repercussions from their judgements. “In military courts, the judges are not independent. There is a colonel and he knows he can be transferred or expelled from the army,” he concluded.
Malik Sajjad Ahmed Khokhar Advocate while commenting on the verdict, termed the decision a good verdict, which shows that the country’s judiciary is independent.
“No one is winner in this Case, because the judges interpret the constitution of Pakistan,” he added.
Former Supreme Court Bar Association (SCBA) president Ahsan Bhoon told media that the decision was “absolutely correct” and in accordance with the Constitution.
Regarding the verdict being appealed, he said that this depended on the government. He said that an appeal could be filed after the court’s decision to uphold the Supreme Court (Practice and Procedure) Act.
“But my personal opinion is that this decision will be upheld even in appeal,” he said.
Barrister Asad Rahim Khan said: “It is an established principle that as long as civilian courts are functioning, trials of civilians should not be held in military courts”.
“And today, the SC has upheld this principle,” he said.
He termed today’s decision “positive” for the Constitution and fundamental rights, adding that it would strengthen civilian courts.
Responding to a question on the implementation of the verdict, Barrister Rahim said there were no two opinions on the SC’s verdict and it should be followed as enshrined in the Constitution.
Advocate Kamran Farooq told Pakistan Today that the judgment of Honourable Supreme Court of Pakistan was land mark and it shall not have any retrospective and prospective effect, because, no precedent is available on record which could corroborate that the trials of the civilians should be conducted under the Army Act.
Moreover, the lawyer said, the civilians are not living under the Army Act but the civilians are living under the Constitution of the Islamic Republic of Pakistan, 1973, so, this remarkable decision has defined the word “TRIALS” without any prejudice.
