SC DECLARES MILITARY TRIALS OF CIVILIANS NULL AND VOID In partnership with
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Tuesday, 24 October, 2023 I 7 Rabi us Sani, 1445
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IN 4-1 JUDGEMENT, JUSTICE YAHYA AFRIDI DISAGREED WITH MAJORITY VERDICT
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ISLAMABAD
VERDICT CAN STILL BE APPEALED BEFORE A FULL COURT BY THE STATE
AGENCIES
five-member Supreme Court (SC) bench on Monday declared the military trials of civilians arrested in the wake of violent protests in the country on May 9 to be null and void. The court announced its verdict in the case a few hours after it was reserved. Justice Ijazul Ahsan had headed the bench comprising Justices Munib Akhtar, Yayha Afridi, Sayyed Mazahar Ali Akbar Naqvi and Ayesha A. Malik. In a 4-1 majority ruling, the court said that the trial of May 9 suspects would be conducted in ordinary courts. Justice Afridi had disagreed with the majority verdict. The court, in a short order release later in the day, declared Section 2(1)(d) of the Army Act, which elaborates on persons subject to the Act, to be in violation of the Constitution and âof no legal effectâ. The court also declared Section 59(4) (civil offences) of the Act to be unconstitutional. Section 2(1)(d) of the Pakistan Army Act states: âpersons not otherwise subject to this Act who are accused of seducing or attempting to seduce any person subject to this Act from his duty or allegiance to government, or having committed, in relation to any work of defence, arsenal, naval, military or air force establishment or station, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Pakistanâ can be tried under the secrets act. Section 59(4) states : âNotwithstanding anything contained in this Act or in any other law for the time being in force a person who becomes subject to this Act by reason of his being accused of an offence mentioned in clause (d) of subsection (1) of section 2 shall be liable to be tried or otherwise dealt with under this Act for such offence as if the offence were an offence against this Act and were committed at a time when such person was subject to this Act ; and the pro-
visions of this section shall have effect accordingly.â The order said the trials of 103 civilians and accused persons, identified by the government in a list provided to the SC, and all other persons who may be placed under trial in connection with the events of May 9 should be tried in criminal courts âIt is further declared that any action or proceedings under the Army Act in respect of the aforesaid persons or any other persons so similarly placed (including but not limited to trial by court martial) are and would be of no legal effect, the court added. Todayâs verdict can still be appealed before a full court by the state. A six-judge bench, which included former chief justice of Pakistan (CJP) Umar Ata Bandial, had been hearing the petitions since June. However, after Justice Bandialâs retirement, the bench was reduced to five judges. On Sunday, at least nine accused facing trials under the Army Act moved the apex court for early conclusion of their cases by the military courts. In their separate applications, the suspects pleaded that they had complete faith and confidence in the military authorities to provide justice to them and to other accused persons. Following the violence on May 9 which targeted civilian as well as mili-
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tary installations, a total of 102 persons were taken into custody for their involvement in the attacks on military es-
tablishments, including the General Headquarters in Rawalpindi, corps commanderâs residence in Lahore, PAF Base Mianwali, and an office of the Inter-Services Intelligence (ISI) in Faisalabad. At the outset of hearing on Monday, Attorney General for Pakistan (AGP) Mansoor Usman Awan came to the rostrum and said that he would present arguments on why a constitutional amendment was not required in the case at hand. âA trial in military courts fulfils all the requirements of criminal courts,â he said. He said that the military trials of civilians had formally commenced. He said that the verdicts issued by the military courts would also detail the reasoning. The AGP said that a matter concerning an attack on a restricted area or building could also go to military courts.
Legal experts welcome SC judgement LAHORE
SHAHAB OMER
Commenting over the verdict of the five-judge bench of the apex court on trail of civilians in military courts, legal experts welcomed the decision, saying that the top court has upheld the principal set in the constitution. Barrister Aitzaz Ahsan â who was one of the petitioners in the case â termed the verdict âvery importantâ, adding that it âwould also strengthen democracy, Constitution and the justice systemâ. He said that all institutions must now realise that the SC had declared that no one was above the law. âWe were against military courts and we endeavoured against it. The verdict has shown that giving relief is the prerogative of the SC,â he said. Ahsan said that reports had alleged that trials had begun even though the government had stated that this would not happen until the apex court was informed. âThe government informed the SC but after the commencement of trial.
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The government was supposed to inform before trials [began],â he said. He said civilian institutions would gain confidence after the verdict and strive to improve their performance. He thanked the apex court for listening to the petitioners in the case and giving them a chance to speak. He said that judges should be impartial and should not fear repercussions from their judgements. âIn military courts, the judges are not independent. There is a colonel and he knows he can be transferred or expelled from the army,â he concluded. Malik Sajjad Ahmed Khokhar Advocate while commenting on the verdict, termed the decision a good verdict, which shows that the countryâs judiciary is independent. âNo one is winner in this Case, because the judges interpret the constitution of Pakistan,â he added. Former Supreme Court Bar Association (SCBA) president Ahsan Bhoon told media that the decision was âabsolutely correctâ and in accordance with the Constitution.
Israel-Hamas ground battles burst out as Gaza martyrdoms top 5,087 GAZA
AGENCIES
Israeli forces continue to bombard the Gaza Strip with airstrikes while also engaging in ground skirmishes with Hamas, with over 436 people killed in Israeli aerial attacks. Most of the casualties occurred in the densely populated southern region of Gaza, with the conflict expanding beyond Gaza, with Israeli aircraft conducting strikes in southern Lebanon. Additionally, Israeli troops clashed with Palestinians in the occupied West Bank. The United Nations has expressed deep concern about the humanitarian situation, as civilians in Gaza are running out of food, water, and shelter. Although some aid reaches Gaza, it falls far short of the amount needed to address the crisis. The death toll on the Palestinian side continues to rise, with over 5,087 Palestinians killed in two weeks of Israeli airstrikes, including 2,055 children, according to Gazaâs health ministry. The current Israeli bombardment was triggered by a cross-border assault by Hamas militants on Israeli communities on October 7, resulting in casualties and hostage-taking. Both Israel and Hamas have reported clashes in Gaza. Israel has indicated that its ground forces con-
ducted limited raids to combat Palestinian gunmen, while airstrikes focused on sites where Hamas was believed to be preparing for potential attacks. Israeli military spokesperson Rear Admiral Daniel Hagari explained that these raids targeted groups of terrorists and collected information about hostages held by Hamas. It is also not clear how such an invasion might unfold. Hamas has built up a powerful arsenal with Iranâs help, and Israeli forces would risk being drawn into fighting in a crowded urban setting against a group that has built a vast tunnel network referred to by Israeli troops as the âGaza Metroâ. âDuring the night there were raids by (Israeli) tank and infantry forces,â Hagari told a briefing. Describing incursions that went âdeepâ into Gaza, he said: âThese raids are raids that kill squads of terrorists who are preparing for the next stage in the war.â Gazaâs Hamas-run interior ministry reported an Israeli airstrike in the Al-Saudi and Janina neighbourhoods of Rafah, near the southern border with Egypt. Izz el-Deen al-Qassam Brigades, the armed wing of Hamas, said in a statement on Sunday that its fighters had engaged with an Israeli armoured force east of Khan Younis in southern Gaza. âFighters engaged with the infiltrating force, destroying two bulldozers and a tank and forced the force
to withdraw, before they returned safely to base,â it said. It said on Monday that it had also targeted two Israeli military posts in southern Israel with drones. The Israeli military said two drones had been identified crossing from Gaza into Israeli territory and were thwarted. Israel has said its military campaign will exceed any previous moves against Hamas, but the Palestinian group has proved capable of surprising Israel in the past and will be fighting in a dense urban setting with powerful weapons. Based on what happened in Israeli incursions in 2008 and 2014, Israelâs bunker-buster bombs and hitech Merkava tanks will be up against a vast network of deep tunnels, booby-traps and arms, including Russian-made Kornet anti-tank missiles. The conflict shows no signs of abating and remains highly volatile. Israel has amassed troops and tanks along its border with Gaza, but the timing of a potential ground invasion is uncertain. The conflict is being fought in densely populated urban areas with an extensive network of tunnels. The international community, including the United States, has expressed concerns about the escalating violence. The United Nations has called for an immediate ceasefire, and humanitarian organisations are struggling to provide aid to those affected by the conflict.
IN TODAYâS ISSUE
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Meeting 90-day deadline for elections no longer possible: CJP ISLAMABAD
STAFF REPORT
Chief Justice of Pakistan (CJP) Qazi Faez Isa on Monday observed that it was ânot possibleâ to meet the 90-day deadline for holding elections and lamented the lack of preparations of the petitioners. The CJP passed the observation while hearing the petitions seeking timely elections within 90 days of the dissolution of the assemblies. The CJP is leading a three-member bench comprising himself, Justice Athar Minallah and Justice Amin-Ud-Din Khan on the matter. The pleas were filed by the Supreme Court Bar Association, Pakistan Tehreek-i-Insaf (PTI) and others to ensure that polls in the country are held within the stipulated time period. At the outset of the hearing, CJP Isa asked the SCBA when they had filed the petition and questioned why it was not listed for a hearing at once. He also asked the lawyer to give his arguments based on facts and lamented the petitionersâ lack of preparation. When SCBA lawyer Abid Zuberi started to speak about the 2017 census, the CJP observed that the counsel was not speaking on facts. He also said that if the lawyer had so many issues about the census then why did he not file a plea between 2017-2021, adding that he was now raising questions about the issue after the process was completed. However, the lawyer clarified that he was not taking a position that the 2023 census was wrong. On this point, Justice Minallah observed that those who were responsible for the delay in the census be held responsible and asked the counsel if he wanted polls in the country.
Imran Khan, Shah Mahmood indicted in cypher case
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RAWALPINDI
STAFF REPORT
PTI Chairman Imran Khan and Vice Chairman Shah Mahmood Qureshi have been indicted in the cypher case. However, both the suspects pleaded not guilty. The special court of the Official Secrets Act has issued a notice to summon the government lawyers for October 27. On the previous hearing, copies of the investigation report were handed over to the suspects. Judge Abul Hasnat Zulqarnain resumed hearing the cipher case in Adiala Jail under the Official Secrets Act on Monday. The PTI lawyers team is being led by Naeem Haider Panjotha, while the FIA team is also present in the court with the complete case record. Speaking to the media outside the jail before the hearing, FIA Special Prosecutor Shah Khawar said the suspects have to be indicted today, while the defence side is expected to file an application under Section 265D of the CrPC. If the suspects plead not guilty, 28 witnesses will be summoned in sets, Shah Khawar added. On Oct 17, PTI Chairman Imran Khan and Vice Chairman Shah Mahmood Qureshi could not be indicted in the cypher case. The copies of the investigation report were shared with the suspects, however. The special court of the Official Secrets Act redistributed the copies of the investigation report among the suspects over the objection of their lawyers. After a hearing in Adiala Jail, Special Prosecutor Shah Khawar told the media that the proceedings were postponed till October 23. PTI lawyer Sher Afzal Marwat told the media that they were not given the copies of the report at the last hearing because of which the indictment has been postponed. He said they received the copies of the report, so the charges will be framed at the next hearing.
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New Chinese investments to stimulate Pakistanâs economic growth: PM ISLAMABAD
MIAN ABRAR
Caretaker Prime Minister Anwaarul Haq Kakar on Monday said that the Chinese investment expected under the newly signed 20 MoUs would prove to be a stimulant for Pakistanâs economic growth. Addressing a press conference about his recent visit to China, the prime minister said 20 Memorandums of Understanding (MoUs) were signed, hoping that the upcoming government would ensure consistency of the policy. He reaffirmed his commitment to an inclusive electoral process, asserting that no major political party would be excluded from participating in the upcoming elections unless they were legally barred from doing so. The prime minister, along with a highlevel delegation visited China from October 16-20, mainly to attend the Belt and Road Forum where he also held bilateral meetings with Chinese President Xi Jinping, Premier Li Qiang, and the leadership of the Communist Party of China (CPC).
During the visit, the two sides signed 20 agreements and MoUs, covering cooperation on the BRI, infrastructure, mining, industry, green and low-carbon development, health, space cooperation, digital economy, development cooperation and export of agricultural products to China. âThe signing of 20 MoUs was very encouraging. This is after a long time that the MoUs in such a huge number were signed with China⌠We have brought along three guiding principles of coordination, cooperation and consultation with us,â he remarked. He said the MoUs were yet in the planning stage and the assessment of the potential, market needs and impact on exports would precede their execution. He said a designated cell at the Prime Ministerâs Office would carry out the follow-up of the bilateral and other engagements with China to pave the way for their implementation. Mentioning his interaction with the Chinese business leaders, he said under the second phase of CPEC (China-Pakistan Economic Corridor), the Chinese private
business entities would invest in Pakistanâs agriculture, mining and other sectors. He told the newsmen that Pakistani leadershipâs âconstructiveâ engagement with Chinese counterparts was well received by the Chinese people, media and think tanks. Emphasizing the consistency of relations with China, he expressed the hope that the upcoming government would carry forward the momentum as any deviation from the commitments might put the stateâs dignity at stake. He said the address by Chinese President Xi Jinping at the Forum was in fact an answer to all the challenges confronting China, the region as well as the whole world. He said the land, sea and aerial connectivity under the Belt and Road Initiative would not only bring the regions closer but also create opportunities for the people. During the visit, the prime minister also met presidents of Russia, Sri Lanka and Kenya. In their meeting, the Kenyan president told him that a lot of investigation had been done into the killing of Pakistani news anchor
Arshad Sharif and assured him of working in coordination with the Pakistani authorities. The prime minister pointed out the minimal linkage between the Pakistani and Chinese media, despite the fact that there existed immense opportunities for both private and state-run media for story-telling, documentaries and other content. Coming to the issue of Gaza, Prime Minister Kakar told the media that humanitarian aid had landed in Egypt for its onward dispersal to the suffering Palestinian people. However, the foremost priority was the cessation of hostilities for which Pakistan was making collaborative efforts as the country had also co-hosted an OIC (Organisation of Islamic Cooperation) ministerial meeting in Jeddah on the issue. To a question about the elections, he said the final date for voting would be announced soon and that the caretaker government was trying its utmost to facilitate the electoral process. He said no major political party was out of the political process unless anyone was legally barred. About the return of Pakistan
Muslim League-Nawaz Quaid Nawaz Sharif, Prime Minister Kakar said that he was a political reality and his adversaries should face him in politics. About the economic situation, he said for the first time in the countryâs history, the dollar rate had meaningfully reduced and that he would hold a follow-up meeting with provincial chief secretaries later in the day to ensure the trickle-down effect on the common man in form of commoditiesâ prices and transport fares. To another query, the prime minister said the existing business model of print media was flawed and would collapse. The print media entities should realign their business approach to thrive the private business instead of relying on the state. Minister for Information and Broadcasting Murtaza Solangi, Interior Minister Sarfaraz Bugti, Foreign Minister Jalil Abbas Jilani, Privatisation Minister Fawad Hassan Fawad, Commerce Minister Gohar Ejaz and Planning Minister Sami Saeed accompanied the prime minister.