Pakistan Attorney General Requests One Month for Right of Appeal in Military Courts
ISLAMABAD: In a significant development, Attorney General for Pakistan (AGP) Mansoor Usman Awan requested the Supreme Court on Friday to grant people the right of appeal in military courts. The matter of extending this right requires careful consideration to ensure that the country’s global standing remains unaffected, stated the AGP.
AGP’s Plea During Identical Petitions Hearing
The AGP made this plea during a hearing involving identical petitions challenging the government’s decision to conduct trials of civilians in military courts. The six-member bench, led by Chief Justice of Pakistan Umar Ata Bandial, includes Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik.
Emphasizing the Need for Military Courts
AGP Awan emphasized the need for military courts and assured the bench that arrests were made with utmost care after thorough investigations. He highlighted that according to the Army Act, individuals who breach the discipline of civilian forces are subjected to this law. The AGP expressed his intention to brief the court on the amendments made to the Army Act.
Questions on Human Rights and Parliamentary Powers
Justice Munib Akhtar raised a critical question, inquiring whether injuring an army officer would amount to preventing the officer from performing his duty. He also pointed out contradictory statements made by the AGP, which brought into question the applicability of human rights in this specific law.
Focus on the 21st Constitutional Amendment
The AGP referred to the 21st constitutional amendment, which brought the law of trying civilians in military courts into effect. He confirmed that civilians had been included in the amendment to the Army Act. Responding to another query, the AGP asserted that parliament had full power to legislate and decide whether to grant basic human rights in the Army Act.
Independence of Judiciary and Right of Appeal
Justice Ahsan emphasized that the 21st amendment was made to apply the Army Act to civilians. He argued that human rights were protected under the proposed procedure for trials in the amendment. However, Justice Akhtar questioned the need to explain the procedure of military trials when fundamental rights are not applicable.
Procedure of Military Trials
The AGP detailed the procedure of military trials, explaining that an incident report is presented, followed by a thorough investigation in a Court of Inquiry. After the investigation, civilians can be arrested under specific sections of the Army Act. During the trial, the accused have the right to cross-examine evidence and witnesses, and they may have legal representation.
Petitions Filed Against Military Court Trials
The government’s decision to hold military court trials for those involved in the violent riots on May 9 faced opposition. PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and five civil society members requested the Supreme Court to declare these military trials “unconstitutional.” They challenged specific sections of the Pakistan Army Act, claiming inconsistency with fundamental rights granted by the Constitution.
Published in PakWeb, July 21, 2023.
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