The Interim Government of Pakistan has filed an appeal, requesting Supreme Court of Pakistan to reconsider its decision about the trails of civilians in military courts. The appeal has been lodged keeping in view the sentiments of the parents and relatives of those who lost their lives in the attacks of militants and terrorists. Earlier, the families of those who lost their lives at the hands of militants and terrorists also requested the Supreme Court for the restoration of military courts. In this regards, people from various parts of Pakistan physically came to the capital city, Islamabad and demanded that trials of their dear ones should run in the military courts, since they are not hopeful from civilian’s courts owing to multiple reasons.
The families of the victims of terrorism and militancy which included families of police personnel demanded trials of civilians those involved in such cases under military courts. Indeed, all victim families got under the banner of Shuhda-i-Pakistan. They later held a news conference and a brief protest at the National Press Club. Speedy justice was one area where the families of the Shuhda were concern more. Definitely, the military courts have been quick in the award of verdict without compromising the legal procedure. Generally it is observed that, in the civil courts of Pakistan it takes lot of time to give verdict and there always have been bugs in those verdicts.
Senate (the Upper House of Parliament) also passed a resolution against the decision of top court about trials of civilians in the military court.The Senate of Pakistan, indeed, calls upon the apex court to reconsider its decision, “urging alignment with the national security paradigm and sacrifices of the martyrs. In order to address the concerns raised regarding the ramifications of the judgment on the security and stability of the nation, the resolution said the military trial of those accused of attacking military properties on May 9 under the Army Act is an appropriate and proportional response in line with Pakistan’s existing constitutional framework and statutory regime. Those blatantly attacked defense installations and disgracefully dismantled memorials of martyrs, deserve no empathy or leniency, thus needs to be tried in Military Courts”.
Earlier on October 22, 2023, in the verdict of a five members Bench of Supreme Court of Pakistan, trial of civilians in military courts was declared unconstitutional. The Bench also declared Section 2(D)(1) of the Army Act unconstitutional. The court also declared Section 59(4) (civil offences) of the Act to be unconstitutional. This verdict was especially focusing on the trials of civilians which were involved in the violence of May 9, 2023. The court ruled that, cases of 102 civilians, involved in the incidents of May 9, 2023 shall be conducted in civilian criminal courts. It is worth mentioned that, Pakistan Army Act is operational since 1952 and there have been many civilians who were tried under its Section 59.
With particular reference to Section 2(1)(d) of the Act, it states: “persons not otherwise subject to this Act who are accused of seducing or attempting to seduce any person subject to this Act from his duty or allegiance to government, or having committed, in relation to any work of defence, arsenal, naval, military or air force establishment or station, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Pakistan” can be tried under the secrets act. This Act has the approval of Parliament being part of the Constitution of Pakistan. If the provisions of Pakistan Army Act (Section 59) were applicable in earlier cases for decades and decades, then why it is declared unconstitutional at this point of time.
With regards to Section 59(4), it states : “Notwithstanding anything contained in this Act or in any other law for the time being in force a person who becomes subject to this Act by reason of his being accused of an offence mentioned in clause (d) of subsection (1) of section 2 shall be liable to be tried or otherwise dealt with under this Act for such offence as if the offence were an offence against this Act and were committed at a time when such person was subject to this Act; and the provisions of this section shall have effect accordingly.” The arrested people involved in the incidents of May 9, 2023 had committed offences while being in the prohibited areas which clearly mean that they can be tried in the military courts. Indeed, violence committed on May 9, 2023 were all in the prohibited areas like; GHQ Rawalpindi, corps commander’s residence in Lahore, PAF Base Mianwali, and an office of the Inter-Services Intelligence (ISI) in Faisalabad. Should such attackers be tried in civilian courts while they have committed the offence in military areas, otherwise prohibited as per PAA and Official Secret Act?
Under the popular demand of people of Pakistan especially Shuhda families, the Senate of Pakistan and Interim Government, there is a need that Supreme Court of Pakistan must review its decision of October 22, 2023. Since it was a decision of five members’ bench, therefore, a larger bench of the Supreme Court may be constituted to review the verdict. Indeed, it is unlikely that trials of the people subject to PAA Section 59 can be fairly conducted at the level of lower courts..
—The writer is Professor of Politics and IR at International Islamic University, Islamabad.
Email: drmkedu@gmail.com
views expressed are writer’s own.
