ISLAMABAD: The Supreme Court has ordered the government to redress the complaints while seeking answers to the plight of the accused in the trial case of civilians in the military courts.
A 7-member larger bench heard the government’s appeals against declaring the trial of civilians in military courts illegal. Lawyer Faisal Siddiqui withdrew the request to telecast the hearing of the case live.
PTI lawyers said that the detained accused should be given civilian custody, the arrested persons were kept in very bad conditions, the interviewees said that their hands were tied behind their backs.
Justice Jamal Khan said to the Attorney General that we asked you for the details of the released persons, if it is as you are describing then it is not appropriate, humanity is the biggest thing.
The Attorney General replied that I will check, the issue of family meetings with the accused had been resolved. It is surprising that the meetings are not taking place. Justice Muhammad Ali Mazhar asked for a detailed report on this.
Hafeezullah Niazi raised the constitution of Pakistan and requested that my son has been on physical remand for eleven months, tell me where it is written in the constitution? 85 As a matter of people, there is a saying that most injustice is done on the battlefields or in the halls of justice.
On the request to be a party in the case, Justice Shahid Waheed asked that how can the provincial governments be heard when they are not the affected party, was the approval of the cabinet to file the appeal?
The Attorney General replied that in my view the approval of the Cabinet is not necessary, it is not necessary that the Federation files an appeal after taking the approval of the Cabinet in every case, if the Constitution and Law require the approval of the Cabinet, then it should be approved.
Justice Muhammad Ali Mazhar said that there is no problem in my opinion if the Bar Association is made a party.
The larger bench by a majority of 5 judges allowed the Lahore High Court Bar to become a party while 2 judges opposed it.
The court while writing the order said that the request of Lahore High Court to become a party is accepted.
The Supreme Court while seeking a response from the Attorney General regarding the plight of the detainees said that the parties told that the families of the accused are not meeting, the Attorney General should address these complaints.
The court disposed of the Khyber Pakhtunkhwa government’s appeal against the Supreme Court’s decision in the military courts case.
The lawyer of Shahada Foundation while arguing on the request to be a party in the case said that Shahada Foundation is registered under the Charity Act in Balochistan.
Justice Jamal Khan Mandukhel remarked that I was reading the record yesterday, it was written in the record that Jinnah House was set on fire. They will ask later how long Quaid-e-Azam stayed in Jinnah House. His residence was attacked, how many applications were filed by Shahada Foundation, Jinnah Sahib spent the last part of his life in Ziarat, there was no security there when the attack took place in Ziarat, fire was set there, where was Shahada Foundation at that time? , Lawyers were attacked, Shahada Foundation approached, I am very sorry.
Justice Jamal Khan Mandukhel said to the Advocate General Balochistan who filed an appeal against the Military Courts decision that you want a parallel judiciary? He was the Chief Justice of Balochistan High Court for two years and a judge of Balochistan High Court for ten years. Don’t you have faith in your own judiciary? Why do you want a parallel judicial system?
