ISLAMABAD — On Friday, the federal government asked the Supreme Court for a month to think over whether or not to grant the suspects the right of appeal if they are to be tried in military courts for the May 9 violence.
The Pakistani attorney general (AGP) asked for more time to consult with the federal government before making any decisions about whether or not to allow civilians to appeal military court rulings.
In addition, he said he would let the court know about items (v) and (vi) included in the second paragraph of its order dated June 27, 2023.
A six-member larger bench of the apex court, led by Chief Justice of Pakistan Umar Ata Bandial, issued a four-page written order stating, “The request is allowed,” after hearing constitution petitions opposing the trial of civilians in military courts.
The judgment also said that AGP Mansoor Awan had assured the court that no civilian detainee was being held on charges that could result in the death penalty or a significant jail sentence.
No military trial of any detained civilian has begun, the AGP told the bench, and none would begin without first informing the court.
He went on to say that the suspect civilians will be allowed to hire private lawyers of their choosing to represent them in court. Members of the suspects’ families and their legal teams would be welcome to observe the trial.
At the trial of suspected civilians, the evidence would be recorded in accordance with the legislation and process applicable to criminal tribunals of ordinary jurisdiction. In the trials of the suspected civilians, the verdicts would be backed up by justifications.
The impact on the case of Indian spy Kulbhushan Jadhav, in which the government issued an ordinance to provide an effective review in light of the ICJ ruling, prompted AGP Awan to tell the bigger bench that this aspect needed more serious study.
According to the chief justice, it appeared that the administration was willing to study the issue of the right of appeal, but it needed more time to do so.
He went on to say that no trial had yet begun and that the probe was still in its early stages. The presiding judge praised the federal government’s handling of the matter. The treatment of the suspected civilians was another topic of his inquiry. He then inquired, “Is it possible for a group of lawyers to visit them to examine their conditions?”
But the AGP said that only the suspects’ families were allowed to visit them.
A retired judge could be appointed by the court, as Justice Bandial pointed out.
Attorney for the petitioners Sardar Latif Khosa voiced grave concerns over the plight of the alleged civilians, comparing the situation to that of Gen Ziaul Haq’s time. “This is not Ziaul Haq’s era,” CJP Bandial retorted.
He further clarified that there was no martial law in effect. ‘If anything happens, we will intervene,’ he continued.
The chief justice also commented on how pleased he was with the federal government’s assistance. The case hearing has been postponed to August 1.
