Supreme Court asks govt to treat civilians in military custody humanely

Attorney General for Pakistan (AGP) Mansoor Usman Awan told the Supreme Court (SC) on Thursday that as per its instructions, the families of all civilians currently facing military trials for their alleged roles in the incidents of violence on May 9 were now being allowed to meet with their families, reported 24NewsHD TV channel. 

During the hearing of the government’s intra-court appeal, seeking annulment of the court’s decision to declare the trials of civilians in military courts ‘null and void’, Justice Irfan Saadat asked the AGP that those in military custody should not be subjected to inhumane treatment.

A seven-member larger bench of the apex court, headed by Just Ameenuddin, heard the appeal.

Seconding Justice Saadat, Justice Jamal Mandokhel remarked, “For God’s sake, treat these prisoners properly.”

Addressing the AGP, Justice Muhammad Ali Mazhar said earlier he would say that meetings of the suspects with their families were arranged once a week. “Why don’t you continue that practice?”

“Attorney General Sab, your statement is now part of the court’s record,” the judge said.

Then the judge asked the focal person, tasked with arranging meetings of civilians, whether he had the list bearing names of the suspects as well as the numbers given to their family members.

The focal person informed the judge he had that list.

Justice Mazhar then asked the AGP to point out flaws in the court’s decision which had been challenged.

Justice Shahid Waheed asked the attorney general whether he wanted the apex court to pronounce the verdict without looking at the point in the decision which led the government to appeal it.

He remarked that the bench wanted to look at the scope of the appeal.

The AGP replied that under section 5 of the Practice and Procedure Act, the scope is vast.

Justice Waheed asked whether everybody had the right to appeal. “If all and sundry get the right to appeal, then the case’s hearing will continue endlessly,” he said, and added, “Tomorrow anybody from the masses will approach the court, saying he is not satisfied with the decision.” 

The judge opined that being an affected party was a must for filing an appeal. “Did you seek the federal cabinet’s nod before going into the appeal?” he questioned.

AGP Awan replied that the cabinet’s approval was not required for the purpose. “Had it been mandatory to seek the cabinet’s permission before filing every appeal, none of the cases would have made it to the court.”   

Justice Mazhar remarked that previously the scope of Article 184 was quite vast.

He said that he agreed with Justice Waheed that the appellant should be an affected party.

The attorney general then prayed to the bench to hear the arguments by the Ministry of Defence’s lawyer Khawaja Haris.

The court allowed Haris to give arguments in the case.

Addressing the lawyer, Justice Waheed asked him whether the case could be transferred before the indictment of a suspect.

Justice Muhammad Ali Mazhar remarked that the case could be transferred before or after the indictment.

The court then adjourned the case’s hearing for an indefinite time period.  

Reporter: Amanat Gishkori