The hearing of a series of petitions challenging civilian trials in military courts was adjourned indefinitely on Thursday. Chief Justice Umar Ata Bandial clarified that the Supreme Court would not allow the Pakistan Army to carry out any unconstitutional actions.
During the hearing, Chief Justice Bandial emphasized that those who base their arguments on the Constitution of Pakistan and the law would find success. The six-member bench, led by Chief Justice Bandial, heard the case, which included Justices Munib Akhtar, Sayyed Mazahar Ali Akbar Naqvi, Ayesha A Malik, and Yahya Afridi.
The Chief Justice remarked that the incidents of May 9 were severe, expressing his displeasure at hearing remarks about the Pakistan Army being equipped to open fire on protestors that day. He affirmed that the army is meant to serve the country and commended them for not resorting to shooting citizens on May 9.
Attorney General of Pakistan (AGP) Mansoor Awan assured the court that the 102 civilian suspects currently under military custody would receive fair treatment during ongoing trials. AGP Awan claimed that his assurances were coming from the military’s top leadership, and concessions were being made for the May 9 suspects based on the court’s insistence.
The AGP also pointed out that the military is armed and can defend itself if attacked. He asserted that no efforts were being made to overturn the Constitution of Pakistan, and the events of May 9 were well known.
Responding to AGP Awan’s statements, Barrister Aitzaz Ahsan, one of the petitioners, asked why the military did not open fire on May 9 if they could do so.
The hearing also raised concerns about military courts and their jurisdiction under Articles 175 and 175(3) of the Constitution. Chief Justice Bandial clarified that the bench was now reviewing the constitutionality of trials of civilians for offenses listed under the Army Act.
AGP Awan argued that military courts are similar to tribunals designed to deal with people associated with the armed forces and defense institutions. He stated that court-martial does not fall under the jurisdiction of Article 175, which deals with the establishment and limits of courts.
However, the bench maintained that ensuring the fundamental rights of citizens could not be left to the “sweet will of parliament.” It emphasized that the Constitution guarantees fundamental human rights.
The hearing also touched upon the Official Secrets Act and a recent bill granting intelligence agencies broad powers to search and detain citizens without a warrant. Barrister Ahsan urged the apex court to take suo motu notice against the legislation, which has been criticized for granting excessive powers to intelligence agencies.
The Chief Justice thanked Barrister Ahsan for bringing the matter to the court’s attention and stated that the bill was still under debate in the Senate.
The legislation was moved by the Pakistan Democratic Movement’s coalition government, led by the Pakistan Muslim League-Nawaz (PML-N). It has faced opposition from various segments of society for its perceived infringement on citizens’ rights.