ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Wednesday remarked that the Pakistan Army Act 1952 does not apply to all but to a specific class, directing Attorney General for Pakistan (AGP) Mansoor Usman Awan to seek directives from the government regarding the right of appeal in military courts.
The bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and consisting Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A. Malik took up the case.
As the hearing resumed, Attorney General for Pakistan Mansoor Usman came to the rostrum to continue his arguments. He said that the violent incidents of May 9 had caused losses of Rs2.5 billion.
“The events of May 9 did not happen suddenly, they were carried out in a systematic manner,” the AGP said.
He again requested for a full court bench to hear the pleas against military trials of civilians.
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 bench adjourned the hearing till Friday, giving the AGP two days to get directives from the government regarding whether a right of appeal would be given or not.
It should be noted that 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”.
