PESHAWAR: The Peshawar High Court on Thursday directed the federal government to respond to a petition against the ‘detention’ of people by military authorities over the May 9 violent protests despite a Supreme Court judgement.

A bench consisting of Justice Abdul Shakoor and Justice Syed Arshad Ali directed a deputy attorney general to file comments on the petition on behalf of the government within three days.

It fixed Nov 30 for next hearing into the petition jointly filed on behalf of six suspects, stated to be in custody of military authorities in connection with an FIR registered in Mardan district against the May 9 protesters for firing gunshots at army centres and vandalising statues of war heroes.

The petitioners, including Adnan Ahmad, Rehmatullah, Yasir Nawaz, Shakirullah, Said Alam and Zahid Khan, all Mardan residents, requested the court to order their shifting along with of around 100 other detainees facing the same charges from military’s custody to civil prisons.

Suspects seek PHC orders for their transfer to civil prisons

They also said their continuous detention by military authorities even after the apex court called the trial of civilians by military courts unconstitutional should be declared illegal confinement.

Lawyers Shah Faisal Uthmankhel and Inam Yousafzai appeared for the petitioners and insisted that after the illegal arrest of former Prime Minister Imran Khan from the premises of Islamabad High Court on May 9, citizens across the country staged protests.

They said that the petitioners were arrested in connection with an FIR registered at Mardan City police station on May 9 initially under different provisions of the Pakistan Penal Code, Anti-Terrorism Act and Maintenance of Public Order Ordinance.

The lawyers added that the provisions of the Pakistan Army Act and Official Secrets Act were also included in the FIR, which named the petitioners and 500 other unidentified people.

They said that after arrest, the petitioners were handed over to military authorities for trial by their own courts.

Mr Uthmankhel pointed out that around 107 people, including petitioners, were arrested and given in the custody of military authorities.

He said that seven constitutional petitions were filed with the Supreme Court challenging different provisions of the Army Act and the trial of civilians by military courts.

The lawyer contended that a five-member Supreme Court bench headed by Justice Ijazul Ahsan declared the trial of civilians by military courts unconstitutional on Oct 23, 2023.

He, however, argued that despite the clear orders of the apex court, the petitioners and around 100 other suspects were still in the custody of military authorities instead of being shifted to the relevant civil prisons.

Mr Uthmankhel added that it was against the Constitution and the law to keep a suspect in the military’s custody.

The respondents in the petition are the federal government through the ministry of defence, the secretaries of the interior and defence divisions, Khyber Pakhtunkhwa government through its home secretary, and provincial inspector general of police.

Published in Dawn, November 17th, 2023