ISLAMABAD: The Punjab government on Friday submitted a report in the Supreme Court regarding the cases filed and the accused arrested for their involvement in the May 9 vandalism.
The Supreme Court had asked the authorities to provide details while hearing petitions challenging the trial of civilians in a military court.
However, the report does not include data on minors, journalists, lawyers or detainees.
A seven-member bench comprising Chief Justice of Pakistan Umar Atta Bandial, Justice Ijaz-ul-Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik and Justice Mazahir Ali Naqvi is hearing the petitions against the army. trial.
The government had decided to prosecute civilians under military law after angry protesters belonging to the Pakistan Tehreek-e-Insaf (PTI) ransacked military installations following the arrest of their party chief.
PTI Chairman Imran Khan, former Chief Justice Jawad S Khawaja, legal expert Aitzaz Ahsan and PILAR Executive Director Karamat Ali filed separate petitions filed by five civil society members with the Supreme Court declaring the military trial unconstitutional. has been requested.
Today’s hearing
At the commencement of the hearing, Faisal Siddiqui, counsel for petitioner Karamat Ali, came to the rostrum and stated that he had submitted a written statement.
The lawyer said that my petition is different from others. I did not challenge the Army Act and I do not claim that civilians cannot be tried in military courts.
He said that there have been military trials of ordinary citizens before.
On this, Justice Shah inquired why the Army Act was not challenged.
Responding to a question, he said the trial under military law against “favoured persons” or specific civilians was invalid and unconstitutional.
The lawyer said he did not say that any provision of the Army Act was illegal, adding that the 1998 verdict against military courts did not call into question the Army Act.
On this, Justice Ayesha inquired as to what principles have been laid down in other cases regarding the Army Act and on what basis civilians are being prosecuted under this law.
Meanwhile, Justice Shah observed that when it comes to national security, cases are prosecuted under the Army Act and the Official Secrets Act.
The judge then asked the lawyer to argue on the law if he did not challenge the Army Act.
Nine-member bench dissolution
A nine-member larger bench headed by Chief Justice Bandyal heard the petitions on Thursday. However, the bench was dissolved after two members, Justice Qazi Faiz Isa and Justice Tariq Masood, objected.
Taking exception to the composition of the bench, Justice Isa said he “did not consider the nine-member bench to be a bench”, supported by Justice Masood.
Justice Isa urged that the court should first issue a verdict on the Supreme Court Practice and Procedure Act 2023 and then constitute new benches.
Chief Justice Bandyal had said that two senior judges have raised questions on the bench, the injunction on the law can be lifted.
After that, a seven-member bench comprising Chief Justice Bandyal, Justice Ijaz-ul-Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik and Justice Mazahir Ali Naqvi resumed the hearing.
Before adjourning the hearing, the chief justice said the Supreme Court would take up the case “soon” and asked the government to provide full details of the arrests made after the May 9 disaster.
