• Law officer says investigations still underway
• Court tells govt to ensure accused get time to examine evidence, hire lawyer
• ‘Secret’ list of suspects shared with bench

ISLAMABAD: A day after the military said proceedings had been initiated against 102 civilians in military courts, the federal government apprised the Supreme Court that formal action against the individuals handed over to the military for their alleged involvement in the May 9 riots, had yet to commence.

As a six-member bench took up various pleas against military courts on Tuesday, Attorney General for Pakistan (AGP) Mansoor Usman Awan assured the apex court that the trials of these individuals would not be conducted in a summary manner, adding that investigations were still underway.

The assurance came against the backdrop of Monday’s presser by Inter-Services Public Relations (ISPR) Director General Major General Ahmed Sharif Chaudhry, who said that trials of the accused involved in the May 9 violence have begun.

In an order issued after the hearing, the top court repeated the statement of the AGP that the cases of the detained civilians were at the investigation stage. It added that the accused would not be charged with the commission of any offence that “attracts either capital punishment or a lengthy sentence” under the Pakistan Army Act.

It added that following the investigation, the accused would be provided copies of prosecution evidence and granted time to examine the same and to engage a counsel. Since this stage has not arrived yet, therefore no military trial of any detained civilian has so far commenced, read the order. The case is expected to be taken up in the third week of July.

Request for stay ignored

During the hearing, the CJP ignored a request by the petitioners to grant a stay against trials in military courts after the government held out assurances, especially when the AGP stated that he would immediately inform the chief justice in case of any development regarding the trial of the accused.

Initially, Section 2 (1) (d) (ii) of the Pakistan Army Act (PAA) 1952 was applied for committing an offence in relation to the work of the armed forces when the accused were arrested, the AGP explained.

In case any connection with the military officials was established, then Section 2(1)(d)(i) will be invoked, which deals with the charges of seducing an army officer from the discharge of his duty or allegiance to the government, AGP Awan added.

As the hearing approached its culmination on Tuesday, the AGP also provided a list containing names of 102 persons held by the military authorities but for the eyes of the court only — the list would not be made public. It also contains the details of the locations where these persons have been detained.

When asked by the CJP whether capital punishment was involved in the charges the accused were facing, the AGP explained that the accused would be charged mostly under Section 7 of the Official Secrets Act 1923, which suggested relatively short-term punishments. He, however, added that these penalties would not translate into a death sentence as that is awarded only in cases of contact with a foreign agent or enemy.

The AGP assured the court that telephonic contact between a nominated person — father, spouse, or siblings — would be established with the accused person, preferably on Tuesday, and afterwards, families would be able to approach the relevant military authorities for once-a-week visits.

Need for secrecy

At this, Justice Ayesha Malik asked why the government was keeping the list secret, as its dissemination could help people understand whose near and dear ones were in the custody of the military authorities. The AGP explained that authorities have requested not to make these names public and added that he would seek instructions from the government on making the list public and would also apprise the CJP about its outcome in his chambers.

The AGP also assured the provision of books, clothing and quality food to the detained suspects. Since no relevant laboratory was available to check the quality of the food, therefore the food being consumed by the staff stationed on the premises was being provided to the suspects as well, he added.

The AGP said facilities like medical doctors and standard medical testing laboratories were also available besides the Combined Military Hospital (CMH) was also in the vicinity.

About the harassment of lawyers and journalists, the AGP said he had met some advocates and their concerns would be addressed soon. He added not a single lawyer was under any custody.

On journalists, especially Imran Riaz Khan, the AGP assured the court that the government would make efforts for his recovery.

At this, the CJP cited an example of a man, who was related to one of the members of the bench, who had disappeared along with his two daughters but his whereabouts were discovered after six months when the court had sought the assistance of the defence ministry. The purpose of this example was to establish that the defence authorities had the capability and expertise that the police lacked, the CJP observed.

PTI chief Imran Khan’s lawyer argued that the army’s top brass “feels offended by the events of May 9 and 10, but an affront to sentiments cannot be equated with an attack on the army’s capability to perform its essential functions”.

Published in Dawn, June 28th, 2023