The federal government urges the apex court to dismiss all petitions challenging military court trials of civilians, arguing that violence against the military and attacks on army installations posed a direct threat to Pakistan's national security.
ISLAMABAD: (UrduPoint/Pakistan Point News-July 18th, 2023) A Supreme Court (SC) six-member larger bench led by Chief Justice Umar Atta Bandial resumed hearings on identical petitions challenging the trial of civilians in military courts under the Army Act 1952.
The bench comprises Justice Ijazul Ahsan, Justice Yahya Afridi, Justice Munib Akhtar, Justice Mazahir Ali Akbar Naqvi, and Justice Ayesha A Malik.
The Federal government urged the apex court to dismiss all petitions challenging military court trials of civilians, arguing that violence against the military and attacks on army installations posed a direct threat to Pakistan's national security.
In its defense, the government, represented by Attorney General Mansoor Usman Awan, contended that the Armed Forces, under Article 245 of the Constitution, are tasked with defending Pakistan against external aggression or threats of war.
They further asserted that trial by court-martial does not violate the rights guaranteed under the law.
Today, the bench will also hear the petition filed by Supreme Court Bar President Abid Zubiri.
The government's reply detailed that the incidents of May 9 involved targeted attacks on various military installations across the country, suggesting an organized attempt to undermine the armed forces and jeopardize national security.
The government emphasized the critical importance of these issues to Pakistan's security and integrity, citing the constitutional framework's allowance for trying perpetrators of violence and vandalism under the provisions of the Army Act to create deterrence against such attacks.
Additionally, the government cited examples involving Shakeel Afridi and Kulbhushan Jadhav as evidence of foreign powers' constant efforts to destabilize the Armed Forces and weaken national security.
The government argued that the Army Act and Army Rules provide ample protection for the fair trial rights of the accused persons and referred to previous cases, including the F B Ali and Said Zaman Khan cases, where the court had favored the procedural and substantive protections provided by the Army Act.
The petitions in question originated following arrests related to violent riots that erupted on May 9. The government's decision to conduct military court trials for those involved was met with opposition from PTI Chairman Imran Khan, former Chief Justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and five civil society members.
These individuals, represented by Faisal Siddiqi, petitioned the apex court to declare military trials of civilians as "unconstitutional."
Besides it, Aitzaz Ahsan's separate petition challenged the government's choice to try civilians in military courts, along with another appeal from five civil society members, represented by Faisal Siddiqi, who sought to declare sucht rials illegal.
