SC to announce verdict pertaining formation of full court bench in Army courts cases

Pakistan Aug, 1 2023
SC to announce verdict pertaining formation of full court bench in Army courts cases
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ISLAMABAD: Supreme Court (SC) decided to announce its verdict today in pleas seeking formation of full court bench in cases pertaining trial of alleged rioters of May 9 in Army courts.

A six member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi and Justice Ayesha Malik heard case.

During course of proceeding, Chief Justice remarked that members of bench would do consultation regarding matter and then apprise respondents about appropriate opinion. However, Supreme Court Bar Association, Chairman PTI Imran Khan's counsel, Aitzaz Ahsan and other petitioners opposed formation of full court bench.

On occasion, Attorney General of Pakistan Mansoor Usman Awan submitted list of 102 accused who were in Army custody. He informed bench that arrests were made on basis of evidence and record of CCTV footage. Footage of violent individuals were also run by TV channels on May 9, he said, adding that court should deeply view that only 102 people were arrested who were allegedly involved in attacks on military installations. Justice Naqvi remarked that pick and choose was not allowed in law, asking that why other people had been released. AGP said that no pick and choose policy had been adopted in arrests.

CJP questioned that whether there were direct evidence regarding involvement of these 102 in attacks on military installations. AGP said that there were solid proofs against them, adding that arrests had been made after collecting evidence against them for riots, vandalising and violence.

Chief Justice remarked that there should be an independent institution which determine that arrests were made on basis of solid proofs. Justice Ayesha Malik remarked that it also had to be viewed that whether permission was sought from concern magistrate for handing over custody of civilians to commanding officer.

Justice Mazahar Naqvi said that prosecution have only footage as proof to run trial. He asked that whether there were other proofs as well with them against the said persons.

Meanwhile, petitioner Karamat Ali's Lawyer Faisal Saddiqui Advocate said that decisions of full court benches had been accepted by all respondents in past. He said that cases pertaining Army courts were heard by benches with at least nine members in past. He said that objections of respondents would also end after formation of full court bench. Justice Naqvi remarked that petitioner was demanding formation of full court bench at time when he had already given his arguments.

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