ISLAMABAD: The Supreme Court of Pakistan on Tuesday rejected the Shehbaz Sharif-led government’s request to set up a “full court” to hear the appeals against the military accused of attacking the military base following the arrest of Prime Minister Imran Khan in the alleged case on May 9 this year. .
Imran is one of those who filed a complaint against such charges. “It is impossible to form a full court at this time. Three judges excused themselves to hear the case, the other judges are not in the country,” said Chief Justice Umar Ata Bandial, who heads the six-member bench.
CJ Bandial also said that two other judges had left on the first day of their trial. “We were surprised when the government came to the second meeting and challenged the judge. The bench went down from nine to six,” said CJ.
Besides, Pakistan Tehreek-e-Insaf (PTI) chief Imran, Chief Justice Jawwad S Khawaja, Legal expert Aitzaz Ahsan and others have opposed the government’s move to try the protesters in military courts, saying it is unconstitutional.
In Tuesday’s case, the government defended its actions, urged the court to dismiss all complaints and said that according to Article 245 of the Constitution, the army is responsible for protecting Pakistan from “foreign aggression or threats of war”.
“To prevent such violence, our constitution allows the perpetrators (of Imran’s claims and members of his party) of such violence to be prosecuted under the Pakistan Army Act,” the government said.
But the Supreme Court emphasized on the protection of common people. “Military courts try a summary trial, they do not give reasons when judging, nor do they record evidence; these courts are not open to the public,” said CJ Bandial.
Civilians, the CJ said, should not be subjected to undue violence. He said that the rules of the army were very strict, different from ordinary people. However, he admitted that the May 9 violence was serious, and postponed the matter until Wednesday.
Imran is one of those who filed a complaint against such charges. “It is impossible to form a full court at this time. Three judges excused themselves to hear the case, the other judges are not in the country,” said Chief Justice Umar Ata Bandial, who heads the six-member bench.
CJ Bandial also said that two other judges had left on the first day of their trial. “We were surprised when the government came to the second meeting and challenged the judge. The bench went down from nine to six,” said CJ.
Besides, Pakistan Tehreek-e-Insaf (PTI) chief Imran, Chief Justice Jawwad S Khawaja, Legal expert Aitzaz Ahsan and others have opposed the government’s move to try the protesters in military courts, saying it is unconstitutional.
In Tuesday’s case, the government defended its actions, urged the court to dismiss all complaints and said that according to Article 245 of the Constitution, the army is responsible for protecting Pakistan from “foreign aggression or threats of war”.
“To prevent such violence, our constitution allows the perpetrators (of Imran’s claims and members of his party) of such violence to be prosecuted under the Pakistan Army Act,” the government said.
But the Supreme Court emphasized on the protection of common people. “Military courts try a summary trial, they do not give reasons when judging, nor do they record evidence; these courts are not open to the public,” said CJ Bandial.
Civilians, the CJ said, should not be subjected to undue violence. He said that the rules of the army were very strict, different from ordinary people. However, he admitted that the May 9 violence was serious, and postponed the matter until Wednesday.