ISLAMABAD: A larger bench consisting of six members, headed by Chief Justice Umar Atta Bandial, resumed hearing petitions challenging the trials of civilians in military courts under the Army Act 1952.
Other members of the bench include Justice Ijazul Ahsan, Justice Yahya Afridi, Justice Munib Akhtar, Justice Mazahir Ali Akbar Naqvi, and Justice Ayesha A Malik.
The federal government requested the Supreme Court to dismiss all the petitions challenging the military court trials of civilians. The government argued that violence against the military and vandalism of army installations directly threatened Pakistan’s national security.
The defense of military trials was based on the constitutional obligation of the Armed Forces to defend Pakistan. The government asserted that a trial by court-martial does not infringe upon the rights guaranteed by the law.
The bench will also hear the petition of Supreme Court Bar President Abid Zubiri. The government’s response emphasized that unknown assailants targeted multiple military installations and establishments during the incidents on May 9. The attacks were organized and well-coordinated. The government argued that these events were premeditated. They were intentional attempts to undermine the country’s armed forces and national security.
A Matter of National Concern
The government further stated that the issues raised in the petitions are of critical importance to Pakistan’s national security. The constitutional framework permits the trial of perpetrators of violence and vandalism under the Army Act to serve as a deterrent. The government cited the cases of Shakeel Afridi and Kulbhushan Jadhav. These are evidence of foreign powers constantly working to destabilize the armed forces and weaken national security.
The government asserted that the law provides comprehensive protection for the fair trial rights of the accused individuals. It referred to previous judgments, such as the F B Ali and Said Zaman Khan cases, where the court found favorable regarding the procedural and substantive protections provided for trials under the Army Act.
