PTI was in power during the court martial of 25 civilians.
Former PM Inamur Rahiem has no right, according to Rahiem, to criticize the latest trials.
Colonel (ret.) Inamur Rahiem, a well-known defense attorney who has represented numerous defendants in military courts, has confirmed that 25 civilians were tried in military court during Imran Khan’s tenure as prime minister.
When Imran Khan was prime minister, 25 persons were tried in military courts, despite the fact that doing so is legal only “in some cases.” The leader of the Pakistan Tehreek-e-Insaf (PTI) “thus has no moral high ground to oppose military trials at this time,” Rahiem told The Express Tribune on Sunday.
According to him, military courts sentenced three of them to death and others to between 10 and 14 years in prison for breaking the Official Secret Act of 1923. He claimed that the convicted were not given the opportunity to select their own legal representation or present witnesses in their own defense.
In his role as defense attorney for the 25 defendants, Rahiem claimed he had filed an appeal with the Lahore High Court (LHC). The LHC put a hold on the executions, thus the cases are still open. He stated that Idris Khattak, a political and human rights activist, was one among the 25.
He added that even if the civil and military leaders have opted to try the May 9 attackers in military courts under the Pakistan Army Act of 1952 and the Official Secrets Act of 1923, the Articles of a Fair Trial should be observed.
According to Rahiem, the rights to personal safety, protections in the event of arrest or detention, and a fair trial are addressed under Articles 9, 10, and 10A. It has been contested in the Supreme Court, he said, that civilians should be tried in military courts. Let’s wait for the Supreme Court’s decision.
He noted that the country’s Supreme Court had concluded in the Sheikh Liaquat case that the country did not require military or parallel courts because a functioning legal system already existed.
According to him, the democratic government should work to improve the present judicial system.
According to Ahmed Bilal Mehboob, president of the Pakistan Institute of Legislative Development and Transparency (Pildat), civilians can be tried for certain offenses committed against military people and properties under the Pakistan Army Act, 1952.
“Neither the PPP [Pakistan Peoples Party] nor the PML-N nor the PTI ever tried to amend this law,” he continued.
According to the Pildat leader, it is perfectly legal to try civilians under the army statute. With the exception of individuals “directly found involved in the planning and attacking military installations,” he said he would argue against charging civilians under the army act on political grounds.
Mehboob responded to the question of what message the military court proceedings would convey to the world community by saying that several countries, including the United States, have adopted exceptional measures when their essential interests were assaulted in the past. While this may be true, he continued, “military trial of civilians especially of Imran Khan will not send a positive message about the democratic system in Pakistan.”
In response to a second query, Mehboob stated his doubt that the military tribunals could effectively resolve any issues. We need to make a u-turn on how we apply the rule of law and the Constitution.
He suggested the government pursue additional long-term steps, including providing quality education to kids, in addition to these court-martials if it really wanted to solve fundamental concerns.
Mehboob remarked, “The problems will not go away unless we address the issues related to education and employment of youth.” Youth [feelings of] deprivation and frustration will continue to be exploited by one group or another.
According to Mehboob, certain countries and human rights organizations will rightfully criticize the action because it violates Pakistan’s commitments under international human rights law to not try civilians in military courts.
Prominent lawyer and political analyst Abdul Moiz Jaferii argues that trying civilians in military courts discredits the judicial system and destroys public faith in fair trials. “There will be no justice served in these trials.”
The legal expert doubted that Imran Khan would be tried in military courts and said that if this were to happen, preparations would have already been made.
According to Jaferii, there is “enough material” to bring Imran Khan to trial in an accountability court and achieve “the desired goal.”
The government’s stated goal in using military courts to try civilians is to “sow terror and fear among the people,” he claimed.
