ISLAMABAD – Chief Justice of Pakistan (CJP) Umar Ata Bandial has observed that the Army Act applies to civilians.
A seven-member bench of the Supreme Court consisting of CJP Bandial, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik and Justice Mazahir Ali Naqvi is hearing multiple petitions against the trial of civilians in military courts.
Retaliating to the violent attacks of May 9, the government decided to try the rioters under military laws. Enraged supporters of the Pakistan Tehreek-e-Insaf (PTI) vandalised army installations and buildings after the paramilitary force Rangers arrested PTI Chairman Imran Khan “unlawfully” on the Islamabad High Court (IHC) premises.
The petitions, separately filed by PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, legal expert Aitzaz Ahsan and five civil society members have requested the apex court to declare the government’s decision to try the May 9 rioters under the Army Act unconstitutional.
Citing Justice Shah during the hearing, CJP Bandial said the army was directly affected when it comes to matters like national security.
“Provoking a serving army officer for conspiracy against national security was a serious crime,” the CJP remarked, adding that review of the Army Act clauses was not needed.
“It wasn’t correct to say that civilians cannot be tried in the military courts ever. A civilian is tried in the military court if he incites the army for treason.”
It needs to be seen what method was adopted to bring civilians under the jurisdiction of military courts, and on which basis the anti-terrorism court (ATC) sent the cases to the military courts, he added.
