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ISLAMABAD: Pakistan’s Supreme Court on Tuesday rejected the Shahbaz Sharif-led government’s request to set up a “full court” to hear cases challenging the military court trials of protesters accused of attacking military installations after the arrest of former Prime Minister Imran Khan in an alleged corruption case in May. 9 this year.
Imran is among those who have filed petitions challenging such trials. “It is impossible to hold a full trial at this time. Three judges have been unable to hear the case, and some judges are not in the country,” said Chief Justice Omar Atta Bendial, who leads the six-member panel.
CJ Pandial noted that two other judges recused themselves on the first day of the hearing. We were surprised when the government attended the second session and objected to the judge. The seat shrunk from nine to six,” said CJ.
Besides, PTI President Imran, former Chief Justice Jawad Khawaja, legal expert Aitzaz Ahsan and others have challenged the government’s plans to try protesters in military courts, calling them unconstitutional.
In Tuesday’s session, the government defended its move, urging the court to dismiss all petitions and saying that under Article 245 of the constitution, the armed forces are obligated to defend Pakistan against “external aggression or threat of war”.
The government said, “To create deterrence with regard to such attacks, our constitutional framework allows for the prosecution of perpetrators of such acts of vandalism and violence (referring to Imran and his party members) under the Pakistan Army Act.”
But the Supreme Court stressed constitutional protections for civilians. “Military courts conduct summary trials, they don’t issue reasons in sentences, and they don’t record evidence either. These courts are not open to the public,” noted CJ Pandial.
CJ said civilians should not be subjected to undue cruelty. He noted that the military laws were very strict and different from the ordinary provisions. However, he acknowledged that the May 9 violence was serious, and delayed the matter until Wednesday.
Imran is among those who have filed petitions challenging such trials. “It is impossible to hold a full trial at this time. Three judges have been unable to hear the case, and some judges are not in the country,” said Chief Justice Omar Atta Bendial, who leads the six-member panel.
CJ Pandial noted that two other judges recused themselves on the first day of the hearing. We were surprised when the government attended the second session and objected to the judge. The seat shrunk from nine to six,” said CJ.
Besides, PTI President Imran, former Chief Justice Jawad Khawaja, legal expert Aitzaz Ahsan and others have challenged the government’s plans to try protesters in military courts, calling them unconstitutional.
In Tuesday’s session, the government defended its move, urging the court to dismiss all petitions and saying that under Article 245 of the constitution, the armed forces are obligated to defend Pakistan against “external aggression or threat of war”.
The government said, “To create deterrence with regard to such attacks, our constitutional framework allows for the prosecution of perpetrators of such acts of vandalism and violence (referring to Imran and his party members) under the Pakistan Army Act.”
But the Supreme Court stressed constitutional protections for civilians. “Military courts conduct summary trials, they don’t issue reasons in sentences, and they don’t record evidence either. These courts are not open to the public,” noted CJ Pandial.
CJ said civilians should not be subjected to undue cruelty. He noted that the military laws were very strict and different from the ordinary provisions. However, he acknowledged that the May 9 violence was serious, and delayed the matter until Wednesday.
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