Chief Justice says
ISLAMABAD: Chief Justice of Pakistan asserted that the armed forces would not be permitted to take unconstitutional steps.
The CJP stated this on Thursday while hearing the case pertaining to trial of civilians in military courts.
A six-judge bench, headed by the CJP, adjourned the hearing on a set of petitions challenging the trials of civilians in military courts.
During the hearing, CJP Bandial expressed regret over the events of May 9, emphasizing his disapproval of the “army raising their weapons against the people of Pakistan.”
He praised the armed forces for not opening fire on civilians despite the violence on that day. The CJP, nevertheless, emphasized that the apex court would not allow army to take any illegal actions.
The court decided that there was a need to hear Attorney General for Pakistan Mansoor Usman Awan’s arguments. The CJP said this couldn’t happen for two weeks due to the unavailability of judges.
CJP Bandial assured Awan that no military trials of civilians would be conducted.
The AGP mentioned that the suspects were charged under Section 2-D(1) of the Official Secrets Act.
Justice Akhtar remarked that the trial of civilians in a military court was akin to having a parallel judicial system. Justice Afridi inquired about the AGP’s opinion on Article 175 and Article 175(3) of the Constitution, which deal with the establishment and jurisdiction of courts. Awan responded that court martial didn’t fall under the jurisdiction of Article 175.
Throughout the proceedings, the judges emphasized the importance of fundamental rights and access to justice. They said that fundamental human rights could not be left to the discretion of the legislature.
In conclusion, CJP Bandial clarified that they were reviewing the constitutionality of trials of civilians for offenses under the Army Act.
