SC hears intra-court appeals: Lawyer says Army Act applies to civilians after indictment

ISLAMABAD: The Supreme Court adjourned until next Monday, hearing of the intra court appeals against the apex court verdict declaring trial of civilians in military courts as unconstitutional.

A seven-member Constitutional Bench of the Supreme Court headed by Justice Amin-ud-Din Khan heard the Intra Court Appeals (ICAs) of the federal government and Ministry of Defence against its judgment. Other members of the bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hassan Azhar Rizvi, Justice Musarat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan.

Faisal Siddiqui, counsel for civil societies, while continuing his argument, submitted that the Commanding Officer applied for custody of the accused by stating that during the initial investigation it was found that the offence relates to the Official Secrets Act. The learned counsel contended that the reasons given by the Special Anti-Terrorism Court regarding custody of the accused are also ridiculous, adding that the learned judge of the court issued orders for the custody, declaring the accused guilty before the completion of investigation.

Justice Muhammad Ali Mazhar observed that the words of orders, passed by Rawalpindi and Lahore courts are the same. The learned counsel submitted that only the court can order custody of the accused and not the administrative judge. He further submitted that under Section 59(1) of the Army Act, the custody of military officials in murder and other crimes can be sought from the court. In my understanding, Section 59, subsection four applies to those who are subject to the Army Act, Justice Jamal Khan Mandokhail observed.

Advocate Faisal Siddiqui submitted that provisions of the Official Secrets Act were not imposed in cases where the custody of the accused was sought. Justice Muhammad Ali Mazhar, however, told the learned counsel that in one FIR, provisions of the Official Secrets Act were mentioned. At this, the counsel replied that he did not find that FIR in the records as well. Justice Hassan Azhar Rizvi, however, asked the counsel to read the FIR of custody wherein there was an allegation of ransacking outside the military installations.

Justice Aminuddin Khan asked the counsel if he was saying the section 2(1) (d) of the Army Act could not be applied to civilian accused. Faisal Siddiqui replied that it applies to the civilian accused but only after the indictment.

During the hearing, the counsel cited poet Ahmed Faraz’s case stating that there was an allegation against Faraz of inciting the army officers through his poetry. Justice Musarrat Hilali asked the counsel which poem led to his (Faraz) arrest, adding that she remembered all his poems. Meanwhile, Faisal Siddiqui submitted that he has great expectations from all the judges. Later, the court adjourned the hearing until next Monday, wherein Faisal Siddiqui will continue his arguments.