The Supreme Court on Tuesday refused a request to stay the trial of civilians in military courts after Attorney General for Pakistan Mansoor Awan’s assurances and adjourned the hearing sine die.
The AGP rebutted the PTI chief’s counsel Uzair Bhandari when he referred to army media wing’s statement that the trial had already begun and claimed that the trial had yet to start.
The AGP made the claim during the hearing of the petitions filed against the trial of civilians in military courts by the PTI chairman, former chief justice Jawwad S. Khawaja, senior lawyer Aitzaz Ahsan and five civil society members, including Piler Executive Director Karamat Ali. The petitioners have prayed the apex court to declare the trial of civilians in military courts unconstitutional.
A six-member bench, comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik, is hearing the case.
The AGP told the court that copies of the investigation would also be provided before the trials commence.
The petitioners’ lawyers told the AGP to make his statement part of the record as it contradicted the DG’s statement a day earlier. The court subsequently rejected the request for issuing a stay order.
The CJP ordered the AGP to ensure the suspects speak to their families today. Justice Bandial told him to inform him immediately if something happens. “I will be available from next week.”
“The AGP has assured the court that trials are not commencing forthwith. We are looking at this positively,” he said.
The CJP announced that the hearing would resume after Eid and told the AGP to “take care” of those in custody.
At the outset of the hearing, Supreme Court Bar Association President Abid Zuberi came to the rostrum and told the court that he had also filed a plea on the matter. He prayed the court to let him argue the case.
The CJP expressed happiness “to see that a plea has come from the SCBA.” “Good arguments” would be welcomed, CJP Bandial said and told him to prepare his arguments. When the PTI chief’s lawyer Uzair Bhandari resumed his arguments, he referred to the ISPR DG’s press conference in which the latter categorically stated that 102 accused would be tried in military courts.
Advocate Bhandari said a civilian could not be court-martialled. On it, the AGP interjected and said he stood by his statement that “102 people are not being tried.”
During the hearing, AGP Awan said the representatives of the Ministry of Defence were also present, who would support his stance. “We believe you,” CJP Bandial told the AGP. “We need to make it clear whether the accused were taken into custody under Section 2(d)(i) of the Official Secrets Act or Section 2(d)(ii),” Justice Afridi said.
