Home TRENDING CENTRE DEFENDS MILITARY TRIALS, WANTS PETITIONS DISMISSED.

CENTRE DEFENDS MILITARY TRIALS, WANTS PETITIONS DISMISSED.

CENTRE DEFENDS MILITARY TRIALS, WANTS PETITIONS DISMISSED.

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ISLAMABAD:
Monday, the federal government defended military trials of civilians, telling the Supreme Court that violence against the military and vandalism of army sites was harmful to the security, interests, and defense of Pakistan.

The Supreme Court of Pakistan.—PHOTO: FILE

The federal government responded through AGP Mansoor Awan, saying that the Army Act 1952 can be used to try those responsible for acts of destruction and violence, which will serve as a deterrent.

The Centre asserts that recent events involving Shakeel Afridi and Kulbhushan Yadav are substantial evidence that foreign powers are actively seeking to destabilize the military forces of Pakistan and undermine our national security.

According to the government, the current constitutional framework and statutory regime of Pakistan mandates that those accused of violence against the armed forces, as well as the personnel and establishments thereof, be tried under the Army Act.

The government responded by asking the Supreme Court to throw down any petitions challenging civilians’ military trials for the May 9 riots and vandalism.

The Centre asserted in its brief statement that the Army Act and Army Rules afford accused persons every safeguard necessary to ensure a fair trial and the protection of their rights.

AGP Awan, speaking for the government, said that previous court rulings in the Ali and Said Zaman Khan instances favored the procedural and substantive protections afforded by trial under the Army Act.

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In addition to the regular district courts (both civil and criminal), several other judicial and quasi-judicial forums have been established under different Acts that are analogous to the Army Act. Furthermore, he noted, “the fact that many such judicial and quasi-judicial forums have special procedural and legal requirements, due to policy and strategic reasons, does not ipso facto make such forums, in any manner, violative of the principle of due process of law.”

In light of the foregoing, a trial by court martial does not infringe upon the rights granted by law in a manner that is harmful to the accused or violates basic legal principles like due process or the right to a fair trial. Thus, court martial just provides an efficient judicial system to entertain, in line with law, offenses under the Army Act, concerning the security of personnel and establishments of the Armed Forces of Pakistan,” the statement added.

According to the federal government, district trial courts (civil and session courts) and court martials have coexisted in Pakistan since the country’s inception in 1947.

According to AGP Awan, “an overview of the legal and procedural matrix of court martial and civil/session courts reveal that both the said courts are not at odds, inter se; in fact, persons who are tried under the army act undergo a largely similar process in terms of law and procedure, in comparison with the ordinary civil/session trial.”

The statement elaborated on the process by which military trials are conducted, noting that “specifically, the provisions of the Code of Criminal Procedure, 1898, relating to, inter alia, framing of charge and recording of evidence are applicable in a trial by court martial, in a manner similar to a trial by a sessions judge.”

Learn more about the Supreme Court’s recent action against military trials from the PTI era here.

Importantly, trials conducted under the Army Act adhere to the standard procedures for judicial processes as defined by the highest court in Pakistan as nearly as feasible. “Similarly to any other judicial proceeding, the accused is entitled to have his or her own ‘counsel’ present during such a trial,” it added.

The Centre said in its response that the military institutions, equipment, and vehicles suffered losses of Rs1,982.95 million as a result of the violence on May 9.

After the party president was arrested by paramilitary troops from the grounds of a court in Islamabad on May 9, accused members and supporters of the Pakistan Tehreek-e-Insaf destroyed and set fire to state and army facilities and memorials.

The military has detained over a hundred people they say participated in the riots and will be prosecuted under the Pakistan Army Act of 1952 and the Official Secrets Act of 1923.

The government’s decision to try May 9 suspects in military commissions has been challenged in many petitions filed with the Supreme Court. Members of civil society, veteran politician Chaudhry Aitzaz Ahsan, and former Chief Justice Jawad S. Khawaja are among the petitioners. The Supreme Court has not made a ruling on the issue yet.

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