Justice Bandial observes courts don’t have a stick, only rely on moral authority n Asks AGP to trace whereabouts of families of 102 accused in army custody for meetings n Constitutes new six-member bench after Justice Mansoor recused on AGP’s objection.

 

ISLAMABAD  -  Chief Justice of Paki­stan (CJP) Justice Umar Ata Bandial Monday ex­pected that trial of per­sons held in army cus­tody will not commence until the final outcome of the case by the Su­preme Court.

A seven-member bench of the apex court headed by the Chief Justice and compris­ing Justice Ijaz ul Ah­san, Justice Syed Man­soor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Ak­bar Naqvi and Justice Ayesha A Malik con­ducted the hearing on the petitions against the trials of civilians un­der the Army Act, 1952.

Onset of the proceed­ings, Attorney Gener­al for Pakistan object­ed to Justice Mansoor’s inclusion in the bench, citing the fact that one of the petitioners, Jaw­wad S. Khawaja, was him relative. The judge subsequently recused himself from the bench. After that the chief justice constituted a six-member bench mi­nus Justice Mansoor to hear the case.

At the end of the hear­ing, the Chief Justice in­quired from AGP Man­soor Usman Awan that the government might have to give some sort of assurance. What is the progress on the military courts’ trial?

The Attorney General said that 102 persons are in army custody, but during the investigation the number may reduce. Some persons not need­ed in the cases will be sent to the crim­inal courts.

The CJP said that the family mem­bers should be allowed to meet their dear ones, who are in army custody. “They are not on police remand and they should be allowed to meet their families,” he added.

The CJP asked the attorney general to find out whereabouts of their fam­ilies and arrange meetings. They (ac­cused) should be allowed to have food and the reading material provided by their families.

Justice Mazahar inquired that what is the rationale behind pick and choose, adding over a hundred peo­ple are in the army custody. Man­soor Awan replied that those who had breached the parameters, who entered the premises and prohibited areas will remain in military custody. They shall be tried under Army Act as they have targeted and damaged army installation on May 9.

The AGP also told that a trial before military courts is yet to start as the investigation is still ongoing. Subse­quently, the apex court asked the at­torney general to submit complete de­tails of the 102 individuals by today.

Justice Ayesha asked the AGP that whether he is saying this on his own or on instruction, as the facts and fig­ures are not before the Court. The at­torney general sought time till today to get instructions. Uzair Bhandari, appearing on behalf of Chairman Pakistan Tehreek-e-Insaf (PTI), re­quested the SC bench for the for­mation of an independent judicial commission to probe the May 9 inci­dents. However, the CJP ignored his plea by saying, “These are political goals and inspiration”.

He earlier argued that whosoever is guilty of May 9 incident not to be let off, but their trial must be held in ac­cordance with the law. It is his (Imran) position that trial of civilians by mili­tary courts is mala fide. Army and Na­tional Security Council are speaking the same language and the National Assembly had passed the resolution demanding that persons involved in May 9 incident need to be tried by the military courts.

The Chief Justice observed; “Courts don’t have a stick, only rely on moral authority.” He then asks “in this coun­try many have sticks but do they have moral authority?”

Salman Akram Raja, representing a lawyer Junaid Razaq, whose son is in army custody, said that they wanted to know which are those 102 persons in army custody, as many persons are missing after the May 9 incidents and the families don’t whereabouts of their loved ones. First the fundamen­tal rights of these persons must be ensured and the trial commence.