ISLAMABAD: Seasoned legal expert and PPP leader Aitzaz Ahsan on Saturday moved the Supreme Court against the authorities’ decision to try suspects of May 9 riots in military courts.
Ch Aitzaz Ahsan in the petition challenged trials of civilians in military courts, seeking the court to declare them unconstitutional.
Salman Akram Raja advocate has filed petition on behalf of seasoned lawyer Aitzaz Ahsan.
Aitzaz Ahsan has petitioned to the apex court to declare the federal government’s decision to conduct civilians trials in military court as null and void.
“The federal government has rubber stamped the corps commanders’ decision of conducting trials in the military court,” text of the petition read.
“The decision of holding military court trial of civilians under Section 2 of the Army Act has been in contravention to Article 59 of the constitution,” according to the plea.
Petitioner has made Prime Minister Shehbaz Sharif, federal ministers Khawaja Asif, Rana Sanaullah, Chairman PTI, five IGs, chief secretaries, ministries of law, interior, defence and cabinet division as parties in the case.
The veteran politician stated that the decision was “rubber-stamped” by the federal cabinet on May 19 and reiterated by the Formation Commanders’ Conference on June 7, the plea added.
It said in addition to challenging this decision, the petitioner was also moving the court against “various laws which provide for the trial of civilians in military courts”.
“Moreover, through resolutions moved by … [Defence Minister] Khawaja Muhammad Asif, the National Assembly purports to have endorsed the decisions to try civilians in military courts on May 22 and June 12.”
The plea contended that “the trial of civilians by military authorities and military forums during peacetime and for essentially civilian offences is a complete anathema to the constitutional separation of powers, the independence of the judiciary, the inalienable right of every Pakistani to be treated in accordance with law, and the fundamental rights of life, liberty, fair trial, and due process”.
“They are alien to our constitutional and democratic dispensation and are, therefore, liable to be set aside.”
For these reasons, the plea said, “it is the petitioner’s case that the trial of civilians in military courts, especially under the present circumstances, is illegal, unconstitutional, discriminatory, violative of fundamental rights given in various provisions of the Constitution … and merits to be declared as such”.
Moreover, it said the petitioner believed that the decision to “try certain individuals allegedly linked with May 9 incidents is [also] illegal and unconstitutional”.
The plea further stated that Ahsan was “deeply aggrieved by the illegal and unconstitutional actions being carried out in the country over the past few months (including the brazen refusal to hold elections within the period prescribed by the Constitution), but especially the decision to try certain civilians in military courts impugned herein”.
Mentioning that the decision to hold trials in military courts was “primarily motivated by widely condemned incidents of violence which took place across the country in reaction to” the arrest of the PTI chief, the plea clarified that it “does not seek to defend any person who may actually be involved in the wanton and despicable violence nor does it seek the acquittal of any such persons”.
“The primary purpose of this petition is to ensure that none of the thousands of civilians who have admittedly been arrested for allegedly having partaken in that violence and who have been and are being nominated for trial before the military courts be tried by the military courts.”
The plea said: “No defence is being made herein with respect to those against whom there might be legally tenable evidence of their participation [in May 9 violence] but what is indeed being sought even on their behalf is that they also be tried according to due process and fair trial by courts.”
The plea also highlighted that a “large-scale crackdown” was initiated against the PTI after May 9, which included “media blackouts, breaking and entry into homes and private quarters, vandalisation of private property, arrests and disappearances of citizens, including journalists, who speak out in their favour, as well as the registration of a large number of FIRs against them”.
Citing media reports, the plea said the Formation Commanders’ Conference had “come to the conclusion that the evidence so far collected [in May 9 cases] is incapable of contradiction and irrefutable”.
“Which military court will be daring enough to dispute this unambiguous albeit premature finality of guilt decreed by perhaps the most authoritative forum in the Pakistan Army?” the plea raised the question.
