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Military trials: AGP seeks a month’s time on matter of right to appeal

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ISLAMABAD: Attorney General for Pakistan (AGP) Mansoor Usman Awan on Friday requested the Supreme Court for a month on the matter of granting the right of appeal to people to be tried in military courts.

“This matter needs very careful consideration; It has to be done in such a way that the country’s position at the global level is not affected,” the AGP said.

The AGP’s request came during a hearing of identical petitions challenging the government’s decision to conduct trials of civilians in military courts.

The six-member bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik.

Amendments to Army Act

At the start of the hearing, AGP Awan took to the rostrum and reiterated the need for military courts. He also assured the bench that arrests were made very carefully after a thorough investigation.

He further contended that according to the Army Act, those breaking the discipline of civilian forces came under the law.

He then said he wanted to brief the court on the amendments to the Army Act.

However, Justice Akhtar inquired: “Does injuring an army officer amount to preventing him from performing his duty?”

He further slammed the AGP for contradictory statements: “On the one hand, it is stated that the state cannot make any law beyond human rights.

“On the other, you are saying that human rights are not applicable in this particular law.

“I am unable to understand the logic of your argument.”

“After the 21st constitutional amendment, the law of trial in military courts of civilians came into force,” the AGP said.

The CJP then inquired if civilians had been included after the amendment of the Army Act. The AGP confirmed that was the case.

Human rights question

During the hearing, Justice Akhtar asked the AGP: “If parliament wants to include basic human rights in the Army Act tomorrow, can it?”

“Parliament has full power to legislate,” the attorney general responded.

“This would mean that the parliament has the power to grant or not grant basic human rights in the Army Act,” Justice Akhtar probed.

“It is not possible that a parliament today includes fundamental rights in the military act and the next Parliament removes them,” he noted, adding that the law should be absolutely clear.

Justice Ahsan further remarked: “The 21st amendment was made to apply the Army Act to civilians.”

At this, Justice Ayesha contended that human rights were protected by the proposed procedure for trials in the 21st constitutional amendment.

The AGP then reiterated that he wanted to tell the court about the procedure of military trials.

However, Justice Akhtar remarked: “What is the need to explain the procedure of military trial when fundamental rights are not applicable?”

At this, the CJP asked the AGP to say what he wanted to.

Procedure of military trials

However, the CJP added, that independence of the judiciary is the basis of justice.

He said the Constitution would not be sidelined as it was in 2015.

“The right to appeal to an independent forum against the decision of a military court is a guarantee of fundamental rights,” he observed.

The AGP responded: “How the trial will be done is before the court.”

Detailing the procedure, he said: “First incident report is presented in military courts and the light of these reports, the commanding officer conducts a thorough investigation of the incident in a Court of Inquiry.”

After the investigation, civilians can be arrested under Sections 73 and 76 of the Army Act.

During the recording of the summary of evidence, the accused is given the right to cross-examine, and after that, a charge is framed under Rule 19 of the Army Act.

A panel of three officers sits to conduct a military trial, the AGP said, adding that the accused are given full right to cross-examine all the evidence and witnesses.

Justice Afridi then asked: “A commanding officer decides whether a case is made or not?”

“During a military trial, the accused are given the right to have a lawyer,” the AGP said, adding the accused can also appoint an officer of the legal branch of the army or a private lawyer.

“In military courts trial, the accused is given the option of confessing or denying the crime.

“The regular army trial of the suspect begins after someone denies the crime.”

In a military court, an officer is appointed as the presiding judge who independently reviews the proceedings.

The decision of the majority of the three trial officers in military courts is considered final, the AGP said.

He further said: “The accused can appeal against the death sentence in the Courts of Appeal.

“During the trial in military courts, the accused may consult a legal adviser.”

The CJP observed: “Accused are given very little time to defend themselves in military courts.” The AGP contradicted this.

Petitions

Following the arrests made in connection with the violent riots that erupted across the country on May 9, the government announced its decision to hold military court trials of those found guilty of damaging and attacking military instalments — a move both the government and the army considered a low blow.

In light of this decision, PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and five civil society members, including Piler Executive Director Karamat Ali, requested the apex court to declare the military trials “unconstitutional”.

In this petition filed through his lawyer, the former CJP pleaded that Section 2(1)(d)(i) and (ii) of the Pakistan Army Act were inconsistent with the fundamental rights granted by the Constitution and should be struck down.

Moreover, five members of civil society from different cities — represented by Faisal Siddiqi — appealed to the apex court to declare illegal the trial of civilians in the military courts.

Similarly, Ahsan’s petition challenged the government’s decision to try civilians in military courts.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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