The Supreme Court of Pakistan has decided to announce its decision tomorrow (Wednesday) on the formation of a full court bench to hear cases related to trial of alleged civilian accused of May 9 incidents by military courts.
The case was heard by a six-member bench presided over by Chief Justice of Pakistan Umar Ata Bandial and comprised of Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi and Justice Ayesha Malik.
During the proceedings, Chief Justice Bandial stated that the bench members would consult on the matter before informing the respondents about their decision. However, the formation of a full court bench was opposed by the Supreme Court Bar Association and the counsel for Pakistan Tehreek-e-Insaf (PTI) Chairman, Aitzaz Ahsan.
The Attorney General for Pakistan (AGP), Mansoor Usman Awan, submitted a list of 102 accused individuals who were in the custody of the army. These individuals were arrested based on evidence and CCTV footage.
The AGP emphasized that the arrested individuals were accused of attacks on military installations and that no “pick and choose” policy was employed during the arrests.
Justice Naqvi remarked that pick and choose was not allowed in the law, asking that why the other persons had been released. The AGP said that no pick and choose policy had been adopted in that regard.
The CJP questioned whether there were direct evidence regarding the involvement of the arrested 102 persons in attacks on the military installations. The AGP replied that there were solid proofs against them, who were arrested after collecting evidence of indulging in riots, vandalism and violence.
The chief justice remarked that an independent institution should determine that the arrests were made on the basis of solid proofs. Justice Ayesha Malik observed that it had also to be viewed that whether the permission was sought from the magistrate concerned for handing over the custody of civilians to a commanding officer.
Justice Mazahar Naqvi said that the prosecution had the only proof of CCTV footage to run the trial of accused. He asked whether there were other proofs as well of the accused’s involvement in the May 9 incidents.
The AGP said that he would produce all the evidence before the bench. Seven of the arrested persons were involved in the attack on the General Headquarters, three involved in attack on the Army Institute Rawalpindi, and 27 in the attack on the Core Commander House, Lahore. Four accused were involved in the attack on Multan Garrison and 10 in the attack on Gujranwala Garrison.
Eight accused were arrested for attack on a sensitive office in Faisalabad, five for attack on the PAF Base Mianwali and 14 for attacking military installations in Chakdara. Seven arrested accused attacked the Punjab Regiment Center, Mardan, while three were held for attacks in Abbottabad and ten for Bannu Garrison attack, he added.
Petitioner Karamat Ali’s lawyer, Faisal Saddiqui Advocate, argued that previous decisions by full court benches were accepted by all respondents, and therefore, the formation of such a bench would not affect the ongoing proceedings.
He also stated that the AGP had assured the court that no trials of the accused would commence in military courts during the hearing in the top court.
