Will stop the army from any unconstitutional move: CJP Bandial

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Thursday said that the apex court would stop the army from doing anything "unconstitutional" and that the court would "defend the Constitution and the people."

The CJP's remarks came during the hearing of identical petitions challenging the trial of civilians in military courts.

A six-member bench, led by the CJP and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik, heard the case.

At the end of the hearing today, the CJP announced the court's resolve to see justice done and said: "The one whose case will abide by the Constitution will be successful."

He then sought assurance from Attorney General for Pakistan (AGP) Mansoor Usman Awan that the military trials would not proceed. He responded that the military's top leadership had assured that it would not.

"There is no attempt to subvert the Constitution and the law," Awan added.

The CJP responded: "We respect those who cooperate with us. We show respect to even those who do not cooperate."

The hearing of petitions against military trials of civilians was then adjourned indefinitely.

Amendments to Official Secret Act

At the outset of today's hearing, petitioner Aitzaz Ahsan requested the court to take notice of the recently-proposed amendments to the Official Secrets Act, 1923.

The Official Secrets Act has been amended, and "intelligence agencies have been empowered to raid and arrest anywhere," pointed out.

According to the new law, anyone's house can be entered without a search warrant, he said, adding that the home is a safe space and its sanctity is being violated by amending the law.

He suggested that the court make a virtual full court to hear this case.

CJP Bandial inquired whether the amendment had been passed.

On being told it was still a bill, he responded: "Let's see how the other two factions of the Parliament react to it."

"The chief justice cannot take notice at his discretion, he said.

At this, Ahsan urged him to take suo moto notice as the senior-most member of the court.

"You should consult your other judges," he requested. At this the CJP thanked him.

The petitions

Following the arrests made in connection with the violent riots that erupted across the country on May 9, the government announced its decision to hold military court trials of those found guilty of damaging and attacking military installments — a move both the government and the army considered a low blow.

In light of this decision, PTI Chairman Imran Khan, Khawaja, legal expert Aitzaz Ahsan, and five civil society members, including Piler Executive Director Karamat Ali, requested the apex court to declare the military trials "unconstitutional".

In this petition filed through his lawyer, the former CJP pleaded that Section 2(1)(d)(i) and (ii) of the Pakistan Army Act were inconsistent with the fundamental rights granted by the Constitution and should be struck down.

Moreover, five members of civil society from different cities — represented by Siddiqi — appealed to the apex court to declare illegal the trial of civilians in the military courts.

Similarly, Ahsan's petition challenged the government's decision to try civilians in military courts.