Prosecutions of the May 9 rioters have not yet begun: Suspects will not be prosecuted for crimes that might result in the death penalty or a lengthy jail sentence, according to the AGP.
The state’s chief legal official told a bench of the highest court in ISLAMABAD that the cases of the civilians in army custody are still in the “investigation stage” and that court martial proceedings for the May 9 rioters have not yet begun.
On Tuesday, the petitions against civilians being tried in military courts were resumed, with Attorney General for Pakistan Mansoor Awan presenting a list of 102 detainees currently in army detention before a six-member bigger bench chaired by Chief Justice of Pakistan Umar Ata Bandial.
Following the May 9 arrest of Pakistan Tehreek-e-Insaf (PTI) president Imran Khan, a list of those accused of vandalising army properties and memorials was compiled, along with information on the stations where they are being held.
According to the AGP, the accused receive copies of the prosecution’s evidence and are given time to evaluate the evidence and appoint a counsel when an inquiry has been completed under the Pakistan Army Act, 1952.
He explained that military courts had not yet begun hearing the cases of the imprisoned civilians since investigations were still ongoing. However, if anything changes in this area, I will be sure to update the honourable chief justice in his chamber, he stated.
He further informed the court that military courts would not conduct summary trials and that no civilian detainee would be accused of committing a crime punishable by death or a lengthy prison term. He added that the military is not holding any journalists or advocates.
He responded to a question on the whereabouts of fugitive journalist and YouTuber Imran Riaz Khan by saying that the federal government would help in the search for Khan. Khan has been missing since the second week of May.
The CJP had issued an order the day before allowing suspects in army custody to visit with loved ones. The AGP has informed the court that the detainees would be given telephone access to their relatives on Tuesday.
Soon, he promised, “the schedule will be made for their weekly meeting with their families.”
He promised the bench that he would first consult with the federal authorities before deciding whether or not to release the names of the 102 suspects.
Uzair Bhandari, attorney for Imran Khan and the Pakistan Tehreek-e-Insaf (PTI), presented his closing arguments earlier. According to him, the ISPR chief’s press briefing on June 27 directly contradicted the AGP’s assertion that the trial for the May 9 rioters had not yet begun.
The Chief Justice stated that the court had faith in the AGP’s statements when the latter claimed he stood by his declaration.
Justice Ayesha Malik of the bench expressed confusion as to why the government was withholding information on the suspects. She questioned the AGP, “What is the purpose of this secrecy?” Is it possible that disclosing the names of those being held could cause problems?
According to the AGP, secrecy regarding the suspects’ identities and whereabouts is essential at this time. Starting today, we will begin alerting their families that their loved ones have been taken into custody. He then said, “The whole thing will take a full day.”
The CJP praised the idea, saying it will help relatives of suspects find out where their loved ones are before Eidul Azha.
Before releasing this information to the public, Justice Yahya Afridi said that it would be preferable to let these suspects make contact with their relatives. Justice Ijazul Ahsan stated that the 102 people now in army detention have been cleared of any wrongdoing.
After adjourning the case until after the Eid holidays, Justice Bandial once again denied the motion to halt the military court’s proceedings.
