Tag: Military Trials

  • Court seeks clarification from federal govt on Khan’s possible military trial

    Court seeks clarification from federal govt on Khan’s possible military trial

    The Islamabad High Court (IHC) on Thursday sought clarification from the federal government regarding the possible military trial of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan.

    “The PTI founder is a civilian, and the military trial of a civilian is a matter of concern for the petitioner and the court,” Justice Mian Gul Hassan Aurangzeb remarked while hearing Khan’s plea.

    Citing the statement of Director General (DG) Inter Service Public Relations (ISPR) Major General Ahmed Sharif, Justice Hassan advised the federation to submit its stance on Khan’s possible military trial.

    On September 3, Khan filed a plea under Article 199 of the constitution amid speculation of his military trial.

    Among several cases, Khan is currently incarcerated for the May 9 riots.

    Earlier, Defence Minister Khawaja Asif had remarked that there is a possibility of Khan’s military trial based on “evidence against him.”

  • Civilians’ military trials are ‘no-no’ under international law, says Amnesty International

    Civilians’ military trials are ‘no-no’ under international law, says Amnesty International

    Amnesty International’s Secretary General Dr Agnès Callamard said on Tuesday that according to the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, military courts can not conduct trials of civilians.

    In an exclusive interview with Dawn, Dr Agnès Callamard, who is on an official visit to South Asia, said that conducting civilian’s trials in military courts is a “no-no” under international law; “sadly it has happened throughout Pakistan’s political history… [and] is not a novelty”.

    Dr. Callamard said that Pakistan must maintain its international obligations and follow the country’s constitution for fair trials. She stressed the importance of transparency, due process, and urged Pakistan to protect civilians’ rights. 

    “The use of military courts is threatening the constitutionality of what’s happening right now,” she said.

    Talking about the ban on X (formerly Twitter) in Pakistan, she said yhat Amnesty is quite concerned by constricting space for freedom of speech in Pakistan.

  • SC seeks details of military trials of civilians

    SC seeks details of military trials of civilians

    The Supreme Court (SC) has sought details of civilians being tried in military trials over their alleged role in May 9 riots. A six-member bench — led by Justice Aminuddin Khan and including Justice Muhammad Ali Mazhar, Justice Syed Azhar Hasan Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali and Justice Irfan Saadat Khan — heard a set of intra-court appeals (ICAs) against its Oct 23 unanimous ruling nullifying the military trials of civilians.

    The case references 103 civilians currently in army trials for their alleged involvement in attacks on army installations.
    It is important to note that last year, a five member bench had unanimously declared military trials of civilians as null and void.

    However, on December 13, ruling on an appeal filed by the then-caretaker federal government and provincial governments of Punjab, KPK, Balochistan, in a 5-1 majority verdict, the SC conditionally suspended its previous ruling.

    Recently, former CJP Jawad S. Khawaja, who is one of the petitioners to challenge military trials, had requested for an early hearing, stating that continued presence of civilians in military custody was worrying. His counsel also objected to the size of the bench saying, “It is my request to the court to urge the SC committee to constitute a nine-member bench.”

  • Resolution supporting military trials against civilians is unconstitutional, says Raza Rabbani

    Resolution supporting military trials against civilians is unconstitutional, says Raza Rabbani

    Pakistan People’s Party (PPP) senior leader Raza Rabbani said on Monday that a resolution in favour of military trials against civilians is unconstitutional, promising that he will continue opposing it.

    Last week, the Senate passed a resolution against the Supreme Court’s (SC) decision on civilian trials in military courts, calling for halting implementation of the judgment “unless it is considered by a larger bench”. 

    Jamaat-e-Islami’s Mushtaq Ahmed and PPP’s Rabbani opposed the resolution against the apex court’s decision.

    Speaking in the Senate on Monday, Raza Rabbani said that he voted for setting up military courts in the country in 2015 as he was bound by his party’s discipline.

    He also said that he voted in support of the resolution at the time on behalf of PPP. “I was ashamed for voting for the bill,” he said, adding that he, even today, was ashamed.

    After voting in favour of setting up military courts in January 2015, the senator was in tears.

    Rabbani said that he “never felt as ashamed” as he was on that day.