— The army is holding trials of 102 civilians in the aftermath of protests which erupted following the unlawful arrest of former prime minister Imran Khan on May 9
ISLAMABAD: The chief justice of Pakistan turned down the government’s request to form a full court to hear the multiple petitions challenging the trial of civilians in custody over a series of nationwide protests against the unlawful arrest of former prime minister Imran Khan in military courts.
Umar Ata Bandial deemed the demand “impossible” during a hearing of the petitions in the Supreme Court. The six-judge bench, consisting of Justice Ijaz ul-Ahsan, Justice Yahya Afridi, Justice Munib Akhtar, Justice Mazahir Ali Akbar Naqvi, Justice Ayesha A. Malik, and the chief justice, presided over the case.
In response to the government’s request conveyed through Attorney General for Pakistan (AGP) Mansoor Usman Awan, the chief justice clarified the bench was initially formed after consultation with all available judges.
Establishing a full court at the present moment was deemed technically unfeasible. The judge explained that three judges had recused themselves from hearing the case, while some judges were currently out of the country.
Additionally, two judges, Qazi Faez Isa and Sardar Tariq Masood, had excused themselves from the case on the first day of the hearing.
The chief justice expressed surprise when the government objected to a judge during the second hearing. He noted that Justice Mansoor had also excused himself from hearing the case, resulting in the reduction of the bench from nine to six judges.
He emphasized that no judge had any personal interest in the case, as it pertained to a matter of public interest.
MILITARY TRIALS
The development comes a day after the outgoing government of Prime Minister Shehbaz Sharif justified trials by the military in cases related to protests, as per the media.
Calling the military trial an “apt and proportionate response,” the government told the top court that the Army Act and the Official Secrets Act “not only predate the Constitution, but were never, till date, challenged”.
Pakistan’s current constitution was imposed in 1973.
The government said this in a written response after petitions against military trials of accused civilians were filed by former chief justice Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and Khan, the chairman of Pakistan Tehreek-i-Insaf (PTI).
Sharif announced last week that he will hand over reigns to a caretaker setup next month as general elections in Pakistan are due in October.
Military trials are being held after an inquiry into the May 9 protests. The government told the court: “The events of May 9 were neither localised nor isolated and indicated a premeditated and intentional attempt to undermine the country’s armed forces and inhibit the country’s internal security.”
The director general of Inter-Services Public Relations (ISPR), Maj. Gen. Ahmad Sharif, revealed last month that 102 protesters allegedly involved in the attacks were being tried in military courts, already established under the Army Act.
Besides the sackings, Sharif added that “strict disciplinary” action was taken against another 15 officers, including three major generals and seven brigadier-rank officers.
At least eight people were killed and over 300 others, including policemen, wounded in the protests, and thousands of activists and supporters of Khan were detained over their alleged involvement.
— With input from Anadolu Agency
