ISLAMABAD: Chief Justice of Pakistan Justice Umar Ata Bandial on Friday remarked during hearing of cases about military courts that top court would intervene if Martial Law like situation is developed in country.  Six member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik heard cases regarding trials of civilians in military courts.

Chief Justice Umar Ata Bandial asked how incidents had affected discipline of Army. He questioned that whether ‘creating hindrance in work of an Army officer and damage of discipline’ were mentioned in law or it were only extracted to this AGP said that it was mentioned in Act. Justice Yahaya Afridi asked that whether accused civilian or Army who come under Army Act would not be entitled for basic human rights. CJP remarked that independence of judiciary was base of justice in country. He noted that prosecution would decide case under Army Act and also hear appeal. He observed that right of appeal at an independent forum after decision of Army court was guarantee of fundamental rights. Justice Bandial noted that what would be done in this case was possible through legislation, adding that as per AGP trials of accused was not started yet. He instructed AGP to must inform bench before initiating of trials in Army courts. Court was noting that evidences would be recorded and trial would be conducted in open courts, he said.

Chief Justice instructed that arrested people shouldn’t be suffered from physical or mental problems. He observed that bench would summon responsible if its orders were violated even after tenure of this government ends. Court could appoint any retired judge as focal person to meet 102 arrested people, he added. CJP said that court wanted that arrested people should be given basic facilities and they would have permission to meet their families. Attorney General of Pakistan Mansoor Usman Awan said that what happened on May 9, was never happened in history of country and this couldn’t be allowed in future again. Faces of all accused were clear in footage of incidents, he said.

After cross examination, charges used to be framed against civilian accused under section 19 and three member panel is set up for trial. Accused were used to be given opportunity to hire lawyers for their defence during trial. He said that arrested people had been kept in jails and being provided all basic facilities. Court said that it would fix next date of hearing after consultation of all members. Further hearing of case was then adjourned. 

Published in The Daily National Courier, July, 22 2023

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