PTI moves SC against civilian trials in army courts
ISLAMABAD: The Pakistan Tehrik-e-insaf (PTI) has moved the Supreme Court (SC) against the trial of the civilians accused of May 9 arson under the military courts and also challenged the judicial commission constituted to investigate audio leaks pertaining to the judiciary.
The PTI asked the top court to determine whether the civilians’ trial in the military courts was a “clear violation of due process” and Pakistan’s commitment to international laws.
PTI chairman Imran Khan’s counsel and party leader Babar Awan filed the plea on the judicial commission on his behalf. The petition requested that the notification regarding the commission’s formation be declared null and void.
The second petition was filed by PTI’S Additional Secretary General Omar Ayub Khan on behalf of the party seeking the top court’s intervention under Article 184(3). The PTI also challenged the deployment of the armed forces under Article 245 alleging that it was being used to “politically victimise” the party.
The petition put 22 questions before the court asking for its input on the scope of the law, whether the requisition violates Article 17 or not and if the deployment is a “threat to the system of parliamentary democracy.”
The petition also asks the court to examine if the requisition of the armed forces is “malafide and in excess of jurisdiction” as the federal government had claimed that they could not be deployed due to the security situation during elections.
“Whether the trial of civilians through military courts is a clear violation of the Constitutional guarantees of due process and fair trial and violation of Pakistan’s existing obligations under the International Covenant on Civil and Political Rights (ICCPR) as well as the jurisprudence developed by this Honourable Court?” asked the plea.
The petition also questioned the “federal government’s support” of the public gathering held by the Pakistan Democratic Movement (PDM) outside the Supreme Court showing a “discriminatory atitude” towards the use of Article 245 and Section 144.
On Saturday, the government established a three-member judicial commission to probe into audio leaks involving the retired and siting members of the judiciary as well as lawyers casting doubts on the institution’s credibility. The judicial body was tasked to complete the job within 30 days.