Justice Aminuddin Khan directs that accused eligible for leniency should be released while those who could not be released should be transferred to prisons after sentence
ISLAMABAD: (UrduPoint/Pakistan Point News-Dec 13rd, 2024) The Supreme Court’s constitutional bench on Friday conditionally permitted military courts to announce verdicts in the cases about the civilians.
A SC constitutional bench led by Justice Amin-ud-Din Khan heard the appeal moved by the Federal government challenging ruling against the military courts.
Khawaja Haris represented the government.
At the start of the hearing, Justice Jamal Mandokhail questioned whether the annulled provisions of the Army Act align with the Constitution, asking if amendments to the Act could bring every individual under its scope. He further noted that the Army Act predates the 1973 Constitution and suggested this context should be considered.
Justice Muhammad Ali Mazhar sought clarity on the reasons for invalidating the provisions in the earlier judicial decisions. Khawaja Haris responded, stating that the Supreme Court's rulings contained flaws.
Justice Mazhar reiterated his earlier request for details of the May 9 incidents, emphasizing that the current focus was solely on the case concerning the Corps Commander House. The Additional Attorney General informed the court that the required details had been received earlier that morning and would be submitted as part of a miscellaneous application.
Justice Musarrat Hilali questioned the fate of trials conducted under the annulled provisions of the Army Act, pointing out that sentences may have been issued under these provisions even before May 9. The Defence Ministry's counsel explained that judgments issued before annulment are typically protected. Justice Hilali responded, highlighting that this could be prejudicial to the accused.
Justice Mandokhail noted that joining Pakistan's armed forces is voluntary, with individuals aware of the applicability of the Army Act and the limited fundamental rights under it. He clarified that the Act was specifically designed to govern military rules and discipline. Khawaja Haris added that fundamental rights are curtailed only when an offense is committed.
Justice Mandokhail asked whether the Supreme Court’s review in appeals is confined to the petitioner’s request or if the court could examine broader aspects of the rulings.
Justice Aminuddin remarked that while parties may limit their submissions, the court is not bound by them.
The constitutional bench issued an order allowing military courts to announce verdicts for 85 accused individuals. The court emphasized that these decisions would remain subject to the Supreme Court's final ruling in the pending case.
The bench directed that the accused eligible for leniency should be released, and those who could not be releasesed should be transferred to prisons after sentence.
The court adjourned the hearing on the military courts’ trial of the civilians until after the winter vacations.
