ISLAMABAD: The federal government informed the Supreme Court that the military trials of civilians, involved in the May 9 riots triggered by the arrest of former prime minister Imran Khan in a corruption case, have already begun.
The apex court was informed about the trials in a miscellaneous application in light of the top court's August 3 order. The government, in the application, highlighted that 102 people were arrested in light of the events of May 9 and 10 which also included attacks on military installations and establishments.
The development comes as a five-member apex court bench — headed by Justice Ijazul Ahsan, and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik — is set to take up petitions challenging the trial of civilians in military courts tomorrow.
"The accused persons were taken into custody during the month of May this year and have been in custody since then. The accused have been taken into custody under the Pakistan Army Act, 1952 read with the Official Secrets Act, 1923 for attacking military installations/establishments," the government stated, in its application.
The application mentioned that since these trials have already begun, it is important that they are conducted and concluded to ensure fairness towards the "accused persons".
"To safeguard the interests of the accused persons, it is imperative that their trials are conducted and concluded so that those who may merit acquittal can be acquitted and those who may merit minor sentences and have already served the time in custody can also be released," it further read.
The application also stated that if the accused persons are convicted, they can also avail remedies under the law.
The government, in the application, maintained that the trials of these accused persons shall remain subject to the outcome of the proceedings in the titled petition.
On August 3, the then-SC chief justice Umar Ata Bandial said the apex court would stop the country's army from resorting to any unconstitutional moves while hearing the pleas 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.
In the last hearing, the case was adjourned indefinitely after the Attorney General for Pakistan (AGP) Mansoor Usman Awan assured the then CJP that the military trials would not proceed without informing the apex court.
In response to the move by the then-government and military, PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, lawyer Aitzaz Ahsan, and five civil society members, including Pakistan Institute of Labour Education and Research (Piler) Executive Director Karamat Ali, requested the apex court to declare the military trials "unconstitutional".
The initial hearings were marred by objections on the bench formation and recusals by the judges. Eventually, a six-member bench comprising then CJP Bandial, Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik heard the petitions.
Pleas sought the judge's recusal, citing an identical matter previously heard by Justice Mohsin Akhtar Kayani in 2021
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