AGP seeks time to consider civilians' right of appeal at military courts

The federal government has sought time from the Supreme Court to consider the option of giving the right of appeal to the accused persons who are being tried in military courts. These individuals are accused of allegedly vandalising army installations and memorials on May 9. Earlier, the SC had instructed the Attorney General of Pakistan (AGP), Mansoor Awan, to consult with relevant authorities regarding granting the right to appeal to individuals who are currently facing trials in military courts under the Pakistan Army Act, 1952. A six-member larger bench of the apex court resumed the hearing of petitions challenging the court martial of civilians today after it had granted the AGP a two-day deadline to obtain the necessary instructions from the relevant authorities. Notably, during earlier proceedings, the SC emphasised the importance of considering the right to appeal for civilians facing military trials. During a session led by Chief Justice of Pakistan (CJP) Umar Ata Bandial today, AGP Awan told the larger bench that this aspect requires more careful consideration on account of its effect on the Kulbhushan Jadhav case wherein the government had promulgated an ordinance for giving an effective review in view of the ICJ order. Read Supreme Court on trial in NA The chief justice said that it seems the government is inclined to consider the aspect of the right of appeal but it needs time and now the matter is in the investigation stage and no trial is commenced so far. The CJP said that no trial would be commenced, reasons will be given, evidence will be recorded and the proceeding will be conducted in open court. He also inquired how the accused persons are being treated. Is it possible for a group of lawyers to visit to examine their condition, he asked. The AG however said that the family of the accused persons could only visit. CJ Bandial said that the court could appoint a retired judge to examine the conditions. Meanwhile, the petitioners' counsel, Sardar Latif Khosa expressed serious apprehensions over the miserable condition of the accused person. "This is not Zia ul Haq's era," responded CJ Bandial, "the country is not under martial law. If anything happens then we will interfere." He also expressed satisfaction with the federal government's cooperation in this matter. Read More Cypher-gate stirs ‘arrest buzz’ for PTI chief Previously, the top court had summoned the record of all the alleged May 9 rioters—including women and journalists—in the custody of civil or military authorities as it took up petitions filed against the court martial of the people who vandalised army assets after the arrest of former premier Imran Khan. The court also issued notices to all the people and institutions named as respondents in the petitions filed against the trial of civilians in military courts under the Pakistan Army Act, 1952 and the Official Secret Act, 1923. However, it rejected the petitioners’ request to stay the trial of the accused in military courts. During the hearing earlier this week, AGP Awan presented a detailed account of all attacks that followed the Pakistan Tehreek-e-Insaf (PTI) chief's arrest on May 9. Afterward, the CJ had remarked that he could not recall any such attack taking place on military installations in his life. However, he had also noted that the petitioners were not seeking freedom or impunity for the accused but were concerned about their fair trial.