The top court has directed the relevant authorities to ensure meetings of the family members with the people in the custody of the military.
ISLAMABAD: (UrduPoint/Pakistan Point News-July 11th, 2024) The Supreme Court of Pakistan took up the appeals against civilians' trial in the military court observing that there should be no inhumane treatment of the people.
During the hearing, Justice Irfan Saadat of the Supreme Court while addressing Attorney General for Pakistan (AGP) Mansoor Awan remarked that “Attorney General, there should be no inhumane treatment of people.”
Justice Saadat is one of the seven-member bench seized with the hearing of the pleas against civilians' trial in the military courts. Justice Aminuddin Khan was heading the bench while Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Shahid Waheed, Irfan Saeed and Shahid Bilal were the other members of the bench.
Attorney General Mansoor Awan presented his arguments, indicating that meetings with the accused were scheduled. He said that there was problem in Lahore in this regard as Hassan Niazi was there. He said suggested the relevant authorities regarding the meetings.
Justice Jamal Mandokhail questioned why detainees, whose investigations were complete, were still in judicial custody, observing that, “If the investigation is complete, why are they in judicial custody?” He urged that the treatment of the accused should adhere to humane standards.
Justice Saadat again remarked , “Attorney General, there should be no inhumane treatment of people.”
Justice Muhammad Ali Mazhar inquired about the interruption of previously scheduled family meetings with the detainees, stressing that these meetings should continue as previously stated by the Attorney General.
Latif Khosa brought to the court’s attention that one detainee had been denied family visits as his five years old child had died.
In response, the Attorney General assured that the detainees would meet their families today, including Hafeezullah Niazi’s scheduled visit with his son.
Justice Muhammad Ali Mazhar asked whether the court’s order was needed for each hearing while Justice Jamal Mandokhail inquired why detainees whose investigations were complete were not transferred to prisons.
The Attorney General cited the legal complications for this delay.
Justice Jamal Mandokhail also asked about the focal person responsible for facilitating family visits. Brigadier Imran from the Legal Directorate confirmed that a contact number for families was provided for ongoing communication.
Justice Hassan Azhar Rizvi sought details regarding the detainees' families, urging that the family of the deceased child be granted immediate access.
The Attorney General then began presenting arguments on behalf of the Federal government.
Justice Shahid Waheed and Justice Muhammad Ali Mazhar discussed the scope of appeals, with Justice Shahid Waheed questioning whether the court could issue a new decision without reviewing prior errors, while Justice Muhammad Ali Mazhar noted that appeals allow for comprehensive review.
The Attorney General argued that under Section 5 of the Practice and Procedure Act, the scope of appeals is broad and could potentially include remands, a point contested by Justice Shahid Waheed who questioned the extent of the court’s powers in this regard.
Justice Jamal Mandokhail instructed Khawaja Haris, the Ministry of Defence’s lawyer, to address issues related to the jurisdiction of the case.
The Supreme Court adjourned the hearing indefinitely, observed that the case would be rescheduled based on the bench’s availability.
