ISLAMABAD: On Wednesday, Chief Justice of Pakistan (CJP) Umar Ata Bandial noted that the Pakistan Army Act 1952 only applies to a particular class of people. The Supreme Court (SC) made the statement as it ordered Pakistan’s Attorney General (AGP), Usman Mansoor Awan, to seek government guidance over the validity of the army statute before adjourning the hearing on citizen petitions challenging military tribunals till Friday morning. The case was being heard by a six-judge panel presided over by Chief Justice of Pakistan (CJP) Umar Ata Bandial and made up of Justices Ijazul Ahsan, Yahya Afridi, Munib Akhtar, Mazahir Ali Akbar Naqvi, and Ayesha A Malik.
Following the arrests made in connection with the violent riots that erupted across the country on May 9, the government announced its decision to hold military court trials of those found guilty of damaging and attacking military installments — a move both the government and the army considered a low blow.
In light of this decision, PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and five civil society members, including Piler Executive Director Karamat Ali, requested the apex court to declare the military trials “unconstitutional”.
During the hearing, AGP Awan opened his arguments with the details about the losses incurred during the violent protests of May 9, once again requesting the court to form a full bench to hear the matter.
Meanwhile, CJP Bandial inquired which sections were applied in the cases linked with the May 9 protests.
At this, the attorney general informed the court that Section 302 of the Pakistan Penal Code (PPC) has also been included in the cases as the accuseds’ offences were not civil nature.
Justice Naqvi then asked if any army official died amid protests.
Responding to the query, AGP Awan said there were no such reports.
When asked how this section was included when no deaths of army officials were reported, the official said he wasn’t giving arguments on the matter as per orders.
At this, CJP Bandial also ordered the AGP to seek directives on this issue.
Later, the court adjourned the hearing till 9:30am on Friday, giving Awan two days to get directives from the government.
