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Supreme Court questions rationale of civilian trials in military courts

CT Newsroom

The Supreme Court judges have questioned the government’s justification for punishing the civilians in military courts on Thursday.

Reportedly, on Thursday, a constitutional bench headed by Justice Amin-Ud-Din Khan heard intra-court appeals against trying civilians in military courts. During the hearing, Justice Naeem Akhtar Afghan said during the hearing what is the rationale of the government in punishing the civilian in the military courts, while cases of others involved in the same incident are being tried in anti-terrorism courts.

“In the May 9 incidents, cases against 103 accused were tried in military courts, while the rest are being tried in anti-terrorism courts,” Justice Naeem Akhtar Afghan said.

Justice Jamal Khan Mandokhaik questioned the grounds behind the military trials of civilians, “Who decides and how about where a case is to be tried for a particular offense?”

Justice Mandokhail asked, “An accused is being acquitted by the ATC [but is then later] being punished by the military court. Is any special evidence presented before the military court?”

“We respect all courts, including the military ones, but you have to establish them via adhering to the Constitution”, added Justice Mandokhail.

Justice Naeem Akhtar Afghan asked his colleague judges, “Where is the ATC verdict for handing over the accused to the military?”

With Justice Mandokhail inquiring why the ATCs are not strengthened, Justice Hasan Azhar Rizvi asked whether the May 9 riots were more of a serious crime than terrorism.

Justice Amin-Ud-Din remarked that the bench cannot give an order concerning those who have already been convicted, so the court adjourned the hearing till tomorrow.

It is worth mentioning here that the constitutional five-member bench was formed last year on 23rd October. The bench declared civilians’ trials in military courts null and void and ordered that 103 suspects be tried in civilian courts.

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