May 9 violence: SC seeks details of 103 trials in military courts

ISLAMABAD: The Supreme Court on Monday sought complete summary of trials of 103 persons being tried of by the military courts for their alleged involvement in attacking military installations on May 9, 2023.

A six-member larger bench of the apex court headed by Justice Amin-ud-Din Khan heard the intra court appeals (ICAs) filed by federal government and other provincial governments against its judgement declaring the trials of the 103 civilians in the military courts as unconstitutional. Other members of the bench included Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali, and Justice Irfan Saadat Khan.

The court directed Attorney General (AG) Mansoor Usman Awan to furnish complete details pertaining to the trials of the 103 civilians, outlining the details as to how many people were acquitted and how many accused persons deserved acquittal in accordance with the law.

Justice Amin-ud-Din observed that the basic purpose of the court is to ensure protection of human rights, asking the AG as to those who could be released, they should be released forthwith while the legal battle of the rest of the accused would continue.

The judge questioned that whether the matter will end if the jurisdiction of the military courts is not recognised? The main purpose of this court is to ensure protection of human rights, he added.

During the course of hearing, Khyber Pakhtunkhwa Additional Advocate General Kausar Ali Shah submitted before the court that the new provincial government wants to withdraw the ICA filed by earlier provincial government. The provincial law officer presented before the court a resolution passed by the new provincial cabinet.

The court, however, observed that the ICA could not be withdrawn on the basis of resolution, passed by the provincial cabinet and directed the law officer to file a proper application.

The court also issued notices to the parties on the applications filed by the Lahore High Court Bar Association to become parties to the case and declared that a decision will be issued on the request for live broadcasting of the court proceedings.

At the outset of hearing, AG Awan, to court queries, said that the trial of 103 accused in the military courts had been completed, but no decision was announced due to the apex court stay order.

He further submitted that some of the accused have been acquitted while some will be released after getting the benefit of Section 382.

Justice Musrat Hilali asked the AG that on previous hearing he had submitted that the sentences of some accused would be reduced.

Barrister Aitzaz Ahsan, one of the petitioners, told the court that he had appeared in cases conducted by the military courts, adding that matters depend on the approval of the Army Chief. At this the AG submitted that the Army Chief’s approval is required only in death penalty cases.

Saman Akram Raja, counsel for Pakistan Tehreek-e-Insaf (PTI), on video link told the court that those who can be acquitted should be acquitted, on which Justice Aminuddin Khan said that those who can be acquitted will be looked into.

Raja told the court that there was no prohibition on acquittal, adding that the verdicts of the accused who could be acquitted should be allowed.

Aitzaz Ahsan also endorsed the stance of Raja to release the acquitted accused.

During the hearing, Justice Shahid Waheed questioned the ICAs filed by the provincial government and observed that the court had declared two provisions of the Army Act invalid.

“How can the provincial governments file an appeal,” Justice Waheed questioned, adding that this is the case of the federal government.

At this Aitzaz Ahsan said that the provincial governments are showing excessive speed.

Justice Hasan Azhar Rizvi observed that the detained persons have been detained for 10 months therefore they deserved to be released and should not be kept in detention.

Earlier, Khawaja Ahmed Hassan, counsel for one of the petitioners and former chief justice Jawad S Khawaja, told the court that the families of 103 accused wanted to join the court proceedings, so they should be allowed to watch the hearings.

Justice Amin-ud-Din questioned where these families will be seated, as the courtroom is full during hearings.

“There is no objection [for them] coming to the court. Let’s see their case,” the SC judge remarked.

The counsel also objected to the size of the bench and said that in the miscellaneous application, a larger bench of nine members was also requested.

He requested that the a three-member committee constituted under the Supreme Court (Practice and Procedure) Act 2023 be asked for constitution of a nine-member bench for hearing the ICAs.

The counsel recalled that a five-member bench of the Supreme Court gave a unanimous decision and declared the trial of civilians in military courts as unconstitutional, therefore, if the six-member bench set aside the verdict of the five-member bench by 4-2, it would be a controversial decision.

“Please don’t talk on assumptions,” Justice Amin-ud-Din told the counsel.

Meanwhile, the court adjourned the proceedings until March 28 after directing the AG to submit complete details regarding the accused persons.

Separately, a three-member bench of the apex court headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the case pertaining to harassment of journalists.

During the hearing, AG Awan informed the court that cases against journalists Amir Mir and Imran Shafqat would be withdrawn.

Justice Isa remarked that they had had taken suo motu in 2021, adding that if the decision had been taken on the previous request, we would not have seen this day.

The CJP observed that at that time journalists were subjected to harassment and they took their applications back.

Barrister Salahuddin, the lawyer of the Press Association of the Supreme Court, told the court that both cases have their own seriousness.

Lawyer Haider Waheed said that he had filed an application related to media regulation, on which the CJP inquired as to who was his client.

The lawyer replied that said that he was contacted on the phone. The CJP said that they would not allow the court to be used for nefarious purposes.

“Whether you have a case of freedom of press or any other agenda,” the CJP asked the lawyer, adding that he will not allow anyone to use this court.

“Prove your good intentions first and then we will listen to your request,” he told the lawyer.

Justice Isa inquired that under which government the FIR against Imran Shafqat was filed.

The AG replied it was filed during the PTI government, adding that Shafqat used to do vlogs about state institutions and officials.

The chief justice said we also know how an FIR is lodged, asking whether any serious crime was committed or was it filed just to harass people.

The AG replied that Shafqat did not commit any serious crime. The CJP further asked is there any solid case against Imran Shafqat? The AG replied that there is nothing like that in the case.

Awan assured to the court that the FIA will withdraw the cases against journalists Imran Shafqat and Amir Mir.

Barrister Salahuddin submitted before the court that the authority in the PICA Act is used to suppress the voice of the media and journalists, adding that Section 20 of the Act was misused repeatedly.

Justice Isa observed that books could be written on what had happened with the media and journalists in Pakistan.

Later, the court adjourned the hearing until March 27.