SC authorises military courts to pronounce reserved verdicts of those May 9 violence cases in which accused could be released before Eid-ul-Fitr

ISLAMABAD, March 28 (SABAH): The Supreme Court of Pakistan on Thursday authorised military courts to pronounce reserved verdicts of those May 9 violence cases in which the accused could be released before the Eid-ul-Fitr.

A six-member larger bench headed 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 the 54 petitions filed against declaring the military trial of the civilians by Supreme Court null and void.

The apex court’s orders came after the Attorney General for Pakistan, Mansoor Usman Awan, requested permission to pronounce the reserved verdicts during the hearing of the intra-court appeals filed against its decision declaring the military trial of civilians “null and void”.

Towards the end of the hearing on Thursday, the court said that the AGP has assured that statutory concessions would be granted to those with lesser sentences, while permission to pronounce judgment shall be subject to a final decision on appeals.

The court also directed the AGP to submit an implementation report regarding the case to the Registrar Supreme Court as well as sought details of those who were sentenced to less than three years.

During the hearing of the case, Justice Muhammad Ali Mazhar addressed the AGP and said: “Try to release them three to four days before Eid.” “Yes, we will try,” Awan said, responding to the SC judge.

Faisal Siddiqui, a lawyer representing one of the clients challenging military trial feared the released could get arrested again under the 3 MPO after coming out.

The AGP said 20 people could be released before Eid. “There are three steps to be followed for the release of 20 persons.”

The first step, he stated, was to pronounce the reserved judgment; the second to confirm it; and the third step would be to grant leniency to those with lesser sentences by the chief of army staff.

He added that the acquitted and those with reduced sentences would be released with concessions.

“A total of 105 accused are in the custody of the army,” the AGP told the court, requesting permission for pronouncement of reserved verdicts.

“Even if permission is granted, it will be subject to the final decision of the appeals,” Justice Aminuddin Khan remarked.

Justice Syed Hasan Azhar Rizvi asked the AGP to name the accused who are to be released. The AGP responded saying that he couldn’t say the names until the verdict came from the military courts.

“Those whose punishment is one year will be given a discount,” Awan said.

Meanwhile, one of the petitioners and senior lawyer, Aitzaz Ahsan shared his disappointment upon hearing the AGP.

During Thursday’s hearing, lawyer Faisal Siddiqui contended that if the accused in question had been tried in regular courts then they would have been released or granted bail by now. He argued that there was no evidence in these cases.

“You want to try the case in anti-terrorism courts,” Justice Mazhar remarked, pointing out that the punishment by such courts was not less than 14 years.

Justice Shahid Waheed then asked about the charges under which the first information reports (FIR) had been registered. At this, Attorney General for Pakistan (AGP) Mansoor Usman Awan replied that FIRs were registered under the Official Secrets Act and the Anti-Terrorism Act.

“Then why don’t we grant bail to the accused? Why don’t we suspend their sentence?” Justice Waheed asked.

The AGP replied that the punishment must first be handed down before it could be suspended. “Bail can only be granted when the court says the law cannot be applied,” Awan said.

The attorney general then urged the apex court to allow military courts to announce the reserved verdicts.

“Even if permission is granted, it will be subject to the final decision on the appeals [against the Oct 23 ruling],” Justice Aminuddin Khan remarked.

Subsequently, the SC gave conditional permission to military courts to announce the reserved verdicts. It directed that judgments be announced in cases in which the nominated suspects could be released before Eid.

The top court noted that the AGP had given assurances that those with lesser sentences would be given legal concessions. The court further said that permission to decide further appeals would be subject to the final decision on the appeals against the Oct 23 ruling.

The court also directed the attorney general to submit a report in this regard to the Registrar Supreme Court.

At the same time, the court also accepted the KP government’s plea to withdraw its three appeals against the Oct 23 ruling. The hearing was subsequently adjourned till the fourth week of April.