Faisal Siddiqui, counsel for civil society, said on Monday that the question was not what criterion was adopted for selecting 105 persons for the military trial in connection with the May 9 violence, but whether it was permitted by the law, reported 24NewsHD TV channel.
Speaking during the hearing of intra-court appeals filed against declaring the trials of civilians in military courts null and void, the lawyer said that the nature of the crime committed by these people had not been determined prior to their handover to the military. “The truth of the matter is that the officer deciding on handing over a suspect to the military has infinite powers,” he said, adding, “In this country, even the prime minister does not have unlimited powers.”
A seven-member bench, headed by Justice Aminuddin Khan, heard the appeals.
Justice Aminuddin, on the occasion, asked the lawyer whether he had challenged Section 94 of the Army Act.
Justice Jamal Mandokhel asked whether an anti-terrorism court (ATC) could reject the request for the handover of suspects.
Siddiqui replied in the affirmative.
Justice Amin remarked that the defendants could have pointed this out during the hearing of their cases in the ATCs.
Justice Mandokhel went on to say that following the decision given by the ATC, the suspects had become subordinate to the Army Act.
The lawyer said the decision whether the suspects would be court-martialled had to be taken prior to handing them over to the military. “When it had not been decided that the suspects would be tried in military courts, why they were handed over to the army then,” he argued.
Justice Hassan Azhar Rizvi questioned, “Whether there existed evidence against the suspects at the time of their handover to the military.”
He further asked whether reasons had been given in the commanding officer’s request for the handover of the suspects.
Siddiqui replied, “No sir, this was not the case.”
Justice Naeem Akhtar Afghan, however, differed with Siddiqui, and said that the reasons had been listed in the request. “It was mentioned in the request that the suspects had committed offences, which were punishable under the Official Secrets Act,” the judge added.
The case’s hearing was then adjourned until tomorrow.
Reporter: Amanat Gishkori