Chief Justice of Pakistan (CJP) Umar Ata Bandial stated that the prosecution of accused civilians who allegedly participated in the May 9 violence should not commence in military courts without first telling the Pakistan Supreme Court.
He made the remarks while a six-member bench, led by him and comprised of Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik, resumed hearing a batch of petitions challenging civilians military trials.
During the hearing on Friday. Latif Khosa, the lawyer for petitioner Aitzaz Ahsan, argued that whatever was going on in the country currently occurred under the reign of previous military dictator Ziaul Haq.
CJP Bandial said, “You can’t compare the present era with the era of Ziaul Haq. This is not Ziaul Haq’s era nor is martial law imposed in the country. Even if a martial law-like situation arises, we will intervene”.
The Chief Justice of Pakistan also stated that before military trials of civilians commence, the Supreme Court should be notified.
“The trial of the accused in military court should not begin without informing the SC”, he stated.
During the previous hearing, Pakistan’s Supreme Court gave Attorney General for Pakistan (AGP) Mansoor Usman Awan another opportunity to seek new instructions from the government regarding the provision of appeal against the sentence to be awarded by military courts to those found guilty of May 9 violence and arson.
The remarks came after the AGP stated that the Pakistan government was willing to follow any suggestions to improve the process of military court trials if the Supreme Court issued directions ensuring the provision of appeal against convictions and that the sentence should be awarded reasons.
On May 9, this year, former Pakistan Prime Minister Imran Khan was detained from within the High Court in Islamabad by National Accountability Bureau (NAB) on corruption accusations related to the Al-Qadir Trust, which he co-owns with his wife, Bushra Bibi.
Following Imran Khan’s incarceration, his party called for protests, many of which turned violent. The regime responded to a crackdown, resulting in numerous arrests around the country. The civilians suspected of being involved in the May 9 violence are being tried at military courts.
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