ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial said on Monday that he expected that no civilians would be tried in military courts while the issue was being heard in the apex court.
He made the remarks as a six-member SC bench, comprising Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Ijazul Ahsan, and Justice Ayesha Malik, heard pleas challenging the trial of civilians in military courts.
The CJP said that all the 102 people currently incarcerated in the military’s prisons should be allowed to meet their families.
Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan’s lawyer, Hamid Khan, came to the rostrum at the outset of the hearing and said that the number had not been assigned to their plea. However, the chief justice said the court would come to this matter later.
He said that the plea filed by the PTI chairman raised several matters but he would only focus on the one against military trials.
Subsequently, lawyer Salman Akram Raja, the legal counsel of Aitzaz Ahsan and Junaid Razzak, whose son had been picked, referred to the American and British constitutions in his argument.
During the hearing, Justice Ayesha Malik asked when Section 2-D of the Army Act, which empowers military courts to try civilians facing terrorism charges or abetting terrorist activity, was applicable.
She said that the petitionerwas challenging the Army Act provisions but was not providing reasons for doing so.
Raja said that the apex court has laid down the principle that the judiciary can only run judicial matters. No one else can exercise judicial powers under Article 175(III).
Civilians bound by military discipline
He added that there were two types of civilians. One is who renders service for the armed forces. Such kind of civilians were bound by military discipline. The second kind was those who had nothing to do with the armed forces. They are complete civilians and they could only be tried by a judge appointed under article 175(III).
Justice Ayesha asked that how can it be said that military courts are not courts.
CJP Bandial asked that can the rulings of military courts not be challenged. Raja replied that they could be challenged before the army chief or a committee established by him.
