KARACHI: The present setup of courts is sufficient to administer Justice and culprits can be punished accordingly. There is no need of establishing special Military Courts to try the 9th May episode accused. President Tehreek e Tahaffuz e Adlia Hashmat Habib said in fact strict monitoring with respect to investigation and trial is required and for that purpose, any mode can be adopted such as the JAG department may be involved right from investigation to trial.

Hashmat Habib said liberty of citizens and the rights of the accused are fundamental rights and these cannot be denied. He said if as a result of the investigation some of the accused persons are found subject to Army Act they can be investigated and tried by Military Courts under the Act otherwise the rest majority of the accused persons appear to be misguided people so they should be treated leniently which is also provided under the Army Act as mitigating circumstances.

The senior lawyer said that Pakistan Army Act has defined the categories of the accused to be tried under Pakistan Army Act and under section 2(1)(d) including other persons subject to the actors who are charged with seducing or attempting to seduce any person subject to this act from his duty or allegiance to Government, or having committed offense in relation to any work of defense etc and offense under the Official Secret Act 1923.

It means if the accused is involved as per this section, he can be tried by courts provided under the Army Act and there is no need of establishing special military courts especially when Under Article 10-A right to fair trial and due process is guaranteed to all accused persons. Therefore, the establishment of separate Special Military Courts will create serious objections to the total disaster of the present judicial system.

Published in The Daily National Courier, May, 23 2023

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