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Supreme Court Allows Lahore High Court Bar to Join Case Against Military Trials of Civilians
The Supreme Court has accepted the Lahore High Court Bar's request to join the case challenging the trial of civilians in military courts. Justice Jamal Mandukhel emphasized the importance of family meetings with the accused.
ND
by News Desk
2024-07-08
Supreme Court Allows Lahore High Court Bar to Join Case Against Military Trials of Civilians

The Supreme Court has accepted the Lahore High Court Bar's request to become a party in the ongoing case against the trial of civilians in military courts. The decision was made during a session of the larger bench, which included seven members headed by Justice Aminuddin Khan.

 

Justice Jamal Mandukhel, along with Justices Mohammad Ali Mazhar, Hasan Azhar Rizvi, Shahid Waheed, Irfan Saadat, and Shahid Bilal, heard the petitions challenging the annulment of military trials for civilians. The case has garnered considerable attention due to its implications for civil liberties and judicial process in Pakistan.

 

At the start of the hearing, PTI's lawyer Salman Akram Raja expressed concerns that families had not been allowed to meet the accused for five weeks. Justice Jamal Mandukhel underscored the importance of these meetings, stating that it is the families' right, not a favor.

 

During the session, Justice Mandukhel also questioned the conditions under which the accused were being held, citing reports of inhumane treatment. This led to further discussions on the constitutional rights of the detainees.

 

Lawyer Hafizullah Niazi highlighted the extended physical remand of his son, raising the Constitution of Pakistan and questioning the legal basis for such prolonged detention. Justice Shahid Waheed and other bench members examined the scope of intra-court appeals and the need for specific rules governing them.

 

In a notable decision, the court approved the Lahore High Court Bar's request to become a party to the case by a 2-5 majority. The bench also directed the Attorney General to ensure that family members of the accused are allowed to meet them, addressing a critical aspect of the detainees' rights.

 

The case, adjourned until July 11, continues to be pivotal in examining the legality of trying civilians in military courts, especially in light of recent amendments and decisions.

 

Background:

 

This case stems from the events following the May 9 incidents, where civilians were involved in violent protests. The trial of these civilians in military courts has been a contentious issue, leading to multiple petitions and appeals. A previous ruling by the Supreme Court had declared the military trials unconstitutional, a decision now under review by a larger bench.

 

The federal government and several provincial governments have challenged the earlier verdict, citing security concerns and the necessity of military trials in specific instances. This ongoing judicial process seeks to balance national security interests with the fundamental rights of citizens, making it a landmark case in Pakistan's legal landscape.
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