ISLAMABAD: The Supreme Court has been asked to declare illegal the investigations and trials of 29 civilians under the Pakistan Army Act (PAA), 1952 as well as the Official Secrets Act, 1923 during the previous PTI regime.

The petitioner, retired colonel Inamur Rahim, has asked the top court to initiate criminal proceedings against the respondents for illegal detention and conviction of the 29 civilians without due process of law and in violation of the fundamental rights.

The SC, which is already seized with a set of challenges to military trial of civilians in connection with the May 9 violence, was also requested to declare that the previous prime minister and some senior security officials had allegedly exceeded their powers in the matter related to the detention and sentencing of civilians without due legal process and in violation of fundamental rights and guarantees ensured in the Constitution.

The petition asked that the judge advocate general (JAG) of the army should also be directed to place the complete record of trials of all civilians conducted under the army act read with secrets act before the top court for the just and fair disposal of the matter.

Since JAG is the custodian of the record of all court martials, he has been impleaded as the respondent, the petitioner explained.

Also, the SC was urged to direct the registrars of all high courts to place complete record of cases of all civilians tried under the Army Act read with secrets act which were pending before their respective high courts along with complete order sheets.

The petition reiterated that the trial of all the 29 citizens in military courts was a result of ‘unconstitutional’ decision of the federal government, then headed by Imran Khan Khan, being the former chief executive, and allegedly abetted by senior security officials.

Published in Dawn, July 5th, 2023