Conditional SC nod for mly courts to announce verdicts

ISLAMABAD: The Supreme Court (SC) on Thursday conditionally allowed the military courts to pronounce its judgments reserved against civilians facing trial for their alleged involvement in the May 9 violence.

A six-member larger SC bench, headed by Justice Aminuddin Khan, heard the Intra Court Appeals (ICAs) filed against a judgment declaring the trial of civilians in military courts as unconstitutional.

Other members of the bench included Justice Muhammad Ali Mazhar, Justice Syed Hassan Azhar Rizvi, Justice Shahid Waheed, Justice Musarat Hilali and Justice Irfan Saadat Khan.

The court, while amending the injunction order to the extent of attorney general’s stance, declared that only those judgments should be pronounced wherein the nominated accused could be released before Eidul Fitr. The court, after seeking a detailed list of the accused who are set to be released, directed Attorney General Mansoor Usman Awan to submit the compliance report to the SC Registrar’s office. The court held that the main case would not be affected due to the cases wherein the accused were to be released for being innocent and had received less punishment.

Similarly, the court accepted a civil miscellaneous application (CMA) filed by the Khyber-Pakhtunkhwa government, seeking the withdrawal of its three intra-court appeals in the instant case and adjourned the hearing till the last week of April. AG Mansoor Usman, in pursuance of the court’s last order, informed the bench that according to the initial trial, there are 15 to 20 accused who after completing all three stages can be acquitted or released for a lesser sentence. The AG submitted that these people could be released before Eid after the sentence is pronounced, confirmed and pardoned by the competent authority.

The AG told the court that a discount would be given by the competent authority to those accused who were sentenced for over a year, while the accused with a sentence of less than a year could get the benefit of Section 382. To a court query, the AG stated that there were 105 accused in the custody of the army, two more were added to the 103. The AG submitted that if the court allowed the military courts to pronounce the verdict, then 15 to 20 people could be released before Eid.

Justice Aminuddin Khan said, “We change the injunction to the extent of the attorney general’s position so that those who can be released are released.” The judge, however, remarked that even if permission was granted, it would be subject to the final decision of the intra-court appeals. Justice Hasan Azhar Rizvi asked the AG about those accused who had to be released. The AG replied that he could not give the names until the military courts decide the cases.

Lawyer Faisal Siddiqui requested the court to withdraw the injunction order and said that it was the stance of AG that no accused in military custody could be punished for more than three years. The lawyer added that all would be released after the injunction ends. Justice Muhammad Ali Mazhar, however, observed that their cases would go to the Anti-Terrorism Court after the injunction was over. The judge said the accused, who had been charged with provisions of Sections 6 and 7 of the ATC Act, could not be sentenced to less than 14 years.

Meanwhile, the court accepted the stance of the attorney general and instructed to release those who were acquitted and exempted before Eidul Fitr. Justice Muhammad Ali Mazhar asked the AG to try to release them three or four days before Eid. Lawyer Faisal Siddiqui submitted that the authorities should not re-arrest the accused under 3 MPO after their release.

The court also ordered the submission of the list of accused who were acquitted besides giving details about those who were awarded sentences of less than one year and more than a year and adjourned further hearing until the last week of April.