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Pakistan’s top judge rejects request for full court on pleas against military trials of civilians

Bandial made it clear that civilian citizens should not be subject to trials which are not in accordance with the Constitution

Former prime minister Imran Khan’s arrest sparked violence in Pakistan in May this year. (ANI Photo/PTV)

By: Chandrashekar Bhat

PAKISTAN’S Chief Justice Umar Ata Bandial on Tuesday (18) rejected the government’s request to constitute a full court bench to hear a set of pleas challenging the military trials of those involved in the May 9 violence targeted at military installations and government buildings.

A Supreme Court panel led by Chief Justice Bandial is hearing a set of petitions challenging the trial of those civilians in the military courts who were arrested following vandalism when former prime minister Imran Khan was arrested.

Bandial made it clear that civilian citizens should not be subject to trials which are not in accordance with the Constitution, the Express Tribune newspaper reported.

Emphasising on civilians having constitutional protection, he went said the military courts conduct summary trials, do not issue reasons in their judgments, and don’t record evidence either; the courts are not open for the public.

Justice Bandial said civilians should not be subjected to undue harshness as he noted that military laws were very tough, and different from ordinary provisions. Nonetheless, he conceded that May 9 incidents were of a serious nature.

The remarks by the chief judge came a day after the government submitted its response in the Supreme Court regarding the trial of suspects in military courts under the Secret Services Act and the Pakistan Army Act.

Attorney general Mansoor Awan maintained that violence against military and vandalism of army installations was a direct attack on the national security of Pakistan, and was therefore prejudicial to security, interests and defence of the country.

The government also related the May 9 violence with terrorism incidents like involving Indian prisoner Kulbushan Jadhav, emphasising that recent events are enough evidence to establish the involvement of foreign powers in spreading instability in the country with an aim to weaken the armed forces of Pakistan and the country’s national security.

The government called on the apex court to consider its justification and dismiss all petitions filed against military trials of civilians in connection with the May 9 rioting and vandalism.

So far 102 accused have been handed over to the military authorities for trial but their fate depends on the decision of the top court which is currently hearing the case.

(PTI)

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