Military courts granted conditional authority to announce reserved verdicts
ISLAMABAD, (NNI): The Supreme Court of Pakistan was assured on Thursday by the government that 20 of the 103 accused being tried in connection with May 9 vandalism will be freed before Eidul Fitr.
The assurance was delivered by Attorney General for Pakistan (AGP) Mansoor Usman Awan during hearing of a set of intra-court appeals (ICAs) by a six-judge larger bench against the apex court's decision nullifying the trials of civilians in military courts.
The larger bench was headed by Justice Aminuddin Khan and comprised Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali, and Justice Irfan Saadat Khan.
After listening to the AGP's statement during the proceedings on Thursday, Justice Aminuddin Khan asked Mansoor Usman Awan to reveal the names of the accused to be freed before Eid. The AGP, however, declined to do so arguing that their names would not be made public until special courts announced their verdicts.
The apex court, however, sought a report regarding the accused who will be released and who will be awarded lesser punishment. The Supreme Court adjourned the hearing until the last week of April.
Earlier, during the hearing the AGP informed the larger bench members the release of the 20 accused was a three-phase process including final approval from the chief of the army staff.
At this point, Barristan Aitzaz Ahsan interfered, saying there is no role of the army chief in the trials being conducted by the military courts. "When the army chief does not hear the case, who can he give final approval," he made a point.
Aitzaz Ahsan further remarked that the army chief's decision to free the accused would be unconstitutional.
The AGP responded by saying that under Army Act it is mandatory to get final approval from the army chief. "The first stage is the pronouncement of the reserved verdict, second is its endorsement and the third is the army chief's decision to give concession to those accused who are awarded lesser punishment.
At this stage, Justice Aminuddin Khan said that release of these accused will be conditional with the apex court's verdict on intra-court appeals (ICAs).
The Supreme Court on October 23 last year had unanimously nullified the military trials of civilians allegedly involved in May 9 vandalism. The case relates to trials of 103 civilians for their alleged roles in attacks on military installations during violence after PTI founder Imran Khan's arrest.
The apex court had declared that the accused would not be tried in military courts but in criminal courts of competent jurisdiction established under the ordinary or special law of the land. On December 13, in a 5-1 majority verdict, the Supreme Court had conditionally suspended its earlier ruling.