Chief Justice Bandial Questions Military Trials of Civilians

Chief Justice of Pakistan (CJP) Umar Ata Bandial stated that the trial of individuals involved in May 9 violence should not commence in military courts without informing the Supreme Court (SC). The remarks were made during a hearing of a set of pleas challenging the military trials of civilians. Latif Khosa, the lawyer for petitioner Aitzaz Ahsan, noted that the events unfolding in the country had echoes of former military dictator Ziaul Haq's tenure. However, CJP Bandial emphasized that the present era was distinct, and any martial law-like situation would invite the SC's intervention. He stressed that the SC must be informed before military trials of civilians begin.

During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan provided insights into the trial process in military courts. He explained that an inquiry is initiated, and the suspect's custody is sought, followed by the presentation of evidence and charges. AGP Awan contended that the decision in military courts is passed by a majority vote, requiring a two-thirds majority in cases of the death penalty. The AGP assured the SC that military court verdicts would have detailed reasons and announced an open trial of the accused, allowing legal representation and family members' presence.

However, concerns were raised by the SC about fundamental rights and the removal of such rights through specific restrictions under the Army Act. Justice Akhtar questioned whether Parliament could amend the Army Act, to which AGP Awan responded affirmatively. CJP Bandial reminded that fundamental rights could only be curtailed through legislation. The court observed that the independence of the judiciary was integral to Pakistan's justice system and raised questions about the process of determining which cases would be tried in military courts.

The hearing also touched upon the right of appeal for the accused. The AGP sought more time for careful consideration of this matter, referring to the case of Indian spy Kulbhushan Yadav. The AGP requested one month's time from the SC on this issue. The petitions challenging the military trials were filed by former CJP Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan. The pleas sought to declare the trial of civilians by military courts unconstitutional and suspend proceedings against civilians based on certain sections of the Pakistan Army Act.