The government has assured the Supreme Court that civilians who will be tried in military courts will be allowed to appoint lawyers of choice while evidence will be recorded per law and procedure applicable to criminal
courts of ordinary jurisdiction.
These assurances were provided by Attorney General of Pakistan Mansoor Usman Awan to a six-member bench of the Supreme Court.
The bench was led by Chief Justice of Pakistan Umar Ata Bandial and included Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Sayyed Mazahar Ali Akbar Naqvi and Ayesha Malik, and resumed hearing of the case on Friday.
During the hearing, Barrister Mansoor Usman Awan sought a month's time to seek instructions and a response from the federal government on legislation for giving those tried in military courts the right to appeal.
Barrister Awan also gave the court six assurances, including:
With investigations underway against suspects, no offence has been discovered that carries the death penalty or a lengthy sentence against any detained civilian.
Moreover, he added that no trial of civilians in military courts has begun, nor shall it commence without first informing the court.
Further, he said that the government has agreed to provide civilians the right to appoint a private counsel of their choice for their defence during trials in military court.
Hence, family members and the legal team of the accused shall be allowed to attend trial proceedings.
Further, all evidence recorded at the trial of the accused civilians shall be done so under the law and procedure applicable to the criminal
courts of ordinary jurisdiction.
The judgment delivered in the trial of the accused civilians will be supported by reasons.
During the hearing, Justice Akhtar asked how the attorney general would ensure that the caretaker set up issues an ordinance or does legislation on the right of appeal.
Latif Khosa, the lawyer for petitioner Aitzaz Ahsan, contended that the country today resembles that of former military dictator General Ziaul Haq.
However, CJP Bandial countered him, stating that a direct comparison cannot be drawn.
"This is not Ziaul Haq's era, nor is martial law imposed in the country," CJP Bandial stated.
"Even if a martial law-like situation arises, we will intervene," he added. It is pertinent to note an audio had emerged some months ago in which a woman, alleged to be CJP Bandial's mother-in-law, had expressed frustration with the government and state of political affairs in the country and of what was happening with the former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and had complained that martial law too was not being imposed.
CJP Bandial repeated that no trial of civilians in military courts mentioned in the case should commence unless the court is informed first.
Later, in a written order, the court gave AGP Awan until August 1 to provide details of legislation that allows civilians tried in military courts the right to appeal.
courts of ordinary jurisdiction.
These assurances were provided by Attorney General of Pakistan Mansoor Usman Awan to a six-member bench of the Supreme Court.
The bench was led by Chief Justice of Pakistan Umar Ata Bandial and included Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Sayyed Mazahar Ali Akbar Naqvi and Ayesha Malik, and resumed hearing of the case on Friday.
During the hearing, Barrister Mansoor Usman Awan sought a month's time to seek instructions and a response from the federal government on legislation for giving those tried in military courts the right to appeal.
Barrister Awan also gave the court six assurances, including:
With investigations underway against suspects, no offence has been discovered that carries the death penalty or a lengthy sentence against any detained civilian.
Moreover, he added that no trial of civilians in military courts has begun, nor shall it commence without first informing the court.
Further, he said that the government has agreed to provide civilians the right to appoint a private counsel of their choice for their defence during trials in military court.
Hence, family members and the legal team of the accused shall be allowed to attend trial proceedings.
Further, all evidence recorded at the trial of the accused civilians shall be done so under the law and procedure applicable to the criminal
courts of ordinary jurisdiction.
The judgment delivered in the trial of the accused civilians will be supported by reasons.
During the hearing, Justice Akhtar asked how the attorney general would ensure that the caretaker set up issues an ordinance or does legislation on the right of appeal.
Latif Khosa, the lawyer for petitioner Aitzaz Ahsan, contended that the country today resembles that of former military dictator General Ziaul Haq.
However, CJP Bandial countered him, stating that a direct comparison cannot be drawn.
"This is not Ziaul Haq's era, nor is martial law imposed in the country," CJP Bandial stated.
"Even if a martial law-like situation arises, we will intervene," he added. It is pertinent to note an audio had emerged some months ago in which a woman, alleged to be CJP Bandial's mother-in-law, had expressed frustration with the government and state of political affairs in the country and of what was happening with the former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and had complained that martial law too was not being imposed.
CJP Bandial repeated that no trial of civilians in military courts mentioned in the case should commence unless the court is informed first.
Later, in a written order, the court gave AGP Awan until August 1 to provide details of legislation that allows civilians tried in military courts the right to appeal.