ISLAMABAD: A nine-judge bench of the Supreme Court, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, will take up today, Thursday, a set of four petitions challenging the trial of civilians in military courts.
Pakistan’s government and army have said they will try in military courts suspects accused of attacking army installations in countrywide protests in the wake of the arrest of former Prime Minister Imran Khan last month.
Military courts operate under a separate system from the civilian legal system. Trials are closed to outsiders, and no media is allowed. Rights groups have criticized the secretive nature of the process.
Four petitions have been filed against the use of military courts to try civilians by, namely, former Chief Justice Jawwad S. Khawaja, prominent lawyer and politician Aitzaz Ahsan, Pakistan Institute of Labour Education and Research Chef Executive Karamat Ali and former PM Khan.
“The former CJP pleaded that Section 2(1)(d)(i) and (ii) of the Pakistan Army Act were inconsistent with the fundamental rights conferred by the Constitution and therefore void and should be struck down,” Dawn reported on Thursday.
Separately, Prime Minister’s Special Adviser on Accountability Irfan Qadir condemned the petition filed by ex-CJ Khawaja, saying it was unprecedented that a former chief justice was coming as a litigant to the top court where he had served as the top judge.
“Never in the judicial history of Pakistan, any CJP made himself a party especially in a case when there seemed to be a divide in the Supreme Court and when the military installations had been attacked with impunity,” Qadir said while talking to the media.
Qadir cited the example of Article VI of the Code of Conduct for the superior court judges which states: “A judge should endeavour to avoid, as far as possible, being involved, either on his own behalf or on behalf of others, in litigation or in matters which are liable to lead to litigation such as industry, trade or speculative transactions.”
A bruising year-long standoff between Khan, arguably Pakistan’s most popular leader, and the army came to a head when military buildings and property were ransacked last month, allegedly by Khan supporters, following his arrest in a graft case. Khan was later released on bail but hundreds of his followers were arrested in the aftermath and the military said it would punish all those who had damaged military properties or instigated people to do so.
Many of the top members of Khan’s party have since jumped ship and the government of Prime Minister Shehbaz Sharif has threatened to ban his Pakistan Tehreek-e-Insaf party.
Meanwhile, authorities have begun the process of trying dozens of people, including members of Khan’s party, suspected of involvement in the protests in military courts, usually reserved for service members or those categorized as enemies of the state. Khan says the purpose of military courts in this case is to put him in prison and dismantle his party.
Pakistan’s Army Act of 1952 established military courts primarily to try members of the military or enemies of the state. Civilians can only be tried there under a federal government order.
Civilians accused of offenses such as waging war against the armed forces or law enforcement agencies, or attacking military installations or inciting mutiny, can be tried at military courts.
