ISLAMABAD: A six-member larger bench headed by Chief Justice Umar Atta Bandial on Tuesday heard similar petitions challenging the trial of civilians in military courts under the Army Act, 1952.
Other members of the bench include Justice Ijaz-ul-Ahsan, Justice Yahya Afridi, Justice Muneeb Akhtar, Justice Mazahir Ali Akbar Naqvi and Justice Ayesha A. Malik.
The federal government on Monday requested the Supreme Court to dismiss all petitions challenging the trials of civilians by military courts, saying violence against the army and vandalism of military installations was a direct attack on Pakistan’s national security.
In its reply submitted by Attorney General Mansoor Usman Awan, the government defended the military trial, saying that Article 245 of the Constitution charged the armed forces with the duty to defend Pakistan against external aggression or threat of war. Is.
It further held that a trial by court martial does not abridge the rights guaranteed under the law.
The bench will also hear the petition of Supreme Court Bar President Abid Zuberi today.
The government said the events of May 9 involved a systematic and coordinated targeted attack on multiple military installations and installations across the country. The response added that the events of May 9 indicate a premeditated and deliberate attempt to weaken the country’s armed forces and undermine national security.
The government added that the issues covered in the petitions are of utmost importance to the national security and integrity of Pakistan.
“Thus, to create deterrence against such attacks, our constitutional framework allows for prosecution under the provisions of the Army Act against the perpetrators of such vandalism and violence,” the government said in its reply. went.
It was further submitted that the recent episodes of Shakeel Afridi and Kulbhushan Jadhav are sufficient (and sufficient) evidence to indicate that foreign powers are continuously working to destabilize the armed forces and undermine our national security. are
The federal government added that the law including the Army Act and Army Rules provides all possible protection to the accused’s right to a fair trial.
This Court has already found favorable in the cases of FB Ali and Syed Zaman Khan regarding the procedural and fundamental safeguards provided for trial under the Army Act.
Requests
Following arrests in connection with violent riots that erupted across the country on May 9, the government announced its decision to try military courts against those found guilty of damaging and attacking military units. Low blow
In the light of this decision, five members of the civil society, including PTI Chairman Imran Khan, former Chief Justice Jawad S Khawaja, legal expert Aitzaz Ahsan and PILAR Executive Director Karamat Ali, asked the Supreme Court to declare the military trial as ‘unconstitutional’. Requested.
In the petition filed through his counsel, the former Chief Justice pleaded that Section 2(1)(d)(i) and (ii) of the Pakistan Army Act were inconsistent with the fundamental rights provided by the Constitution and struck them down. go
Also, 5 civil society members from different cities – represented by Faisal Siddiqui – appealed to the Supreme Court to declare the trial of civilians in military courts illegal.
Similarly, Ahsan’s petition challenged the government’s decision to try civilians in military courts.
