The Supreme Court has accepted the Lahore High Court Bar and Shaheed Foundation applications to become parties in the case challenging the trials of civilians in military courts.
Court’s Directives on Family Meetings
In its order, the court noted complaints from parties regarding the accused’s inability to meet their families. The Attorney General was instructed to address these complaints and ensure family meetings with the accused. The court also requested a response regarding the conditions of the detainees. The appeal by the Khyber Pakhtunkhwa government was dismissed based on its withdrawal.
Hearing Details
On Monday, a seven-member larger bench of the Supreme Court heard the government’s appeals against declaring civilian trials in military courts illegal. The bench included Justice Aminuddin Khan (head), Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Shahid Waheed, Justice Irfan Saadat, and Justice Shahid Bilal. Lawyer Faisal Siddiqui withdrew his request to broadcast the hearing live.
Arguments Presented
PTI lawyers requested transferring the detainees to civilian custody, alleging poor conditions. Lawyer Salman Akram Raja argued that authorities had denied the accused’s family meetings for weeks. Latif Khosa claimed authorities kept the accused in poor conditions. Justice Jamal Khan Mandokhail responded by questioning how they knew no meetings had occurred.
Court’s Response to Detention Conditions
Justice Mandokhail asked the Attorney General to provide details of those released, stating that keeping detainees in such conditions would be inhumane. He emphasized the need to proceed with the case promptly. The Attorney General, surprised by the lack of family meetings, promised to investigate the situation. Justice Muhammad Ali Mazhar requested a detailed report on the matter. The Attorney General stated that accepting their appeal would allow the accused to appeal military court decisions in higher courts, including the High Court and the Supreme Court.
Individual Requests and Appeals
Hafizullah Niazi requested the court to number his miscellaneous application concerning his son, who had been on physical remand for 11 months. Justice Muhammad Ali Mazhar noted they were hearing the appeal, and Justice Aminuddin stated that taking Niazi’s application would open the door for many others, potentially overshadowing the main case.
Bar Associations and Government Roles
The Lahore High Court Bar allowed Hamid Khan to speak as an assistant. Justice Jamal Khan Mandokhail asked why the Bar wanted to become a party. Hamid Khan responded that the Bar had its position on the matter. Justice Shahid Waheed questioned how the provincial governments could speak. Suppose they were not affected parties and asked whether. They had obtained cabinet approval to file the appeal. The Attorney General argued that cabinet approval was only necessary for some cases.
Court’s Decision on Lahore High Court Bar
With a majority of five judges, the larger bench permitted the Lahore High Court Bar to become a party, with two judges dissenting. The court stated in its order that the Lahore High Court Bar’s request was approved.
Request for Detainee Conditions Report
The Supreme Court requested the Attorney General to respond regarding the conditions of detainees. Reiterating the complaints about family meeting restrictions. Salman Akram Raja requested moving the detainees to civilian custody. Which Justice Muhammad Ali Mazhar noted was impossible due to legal challenges. Hafizullah Niazi mentioned that his last meeting with his son happened only due to the court’s intervention. Justice Jamal Mandokhail responded that such meetings were a right, not a favor.
Ongoing Appeal and Next Steps
Justice Jamal Mandokhail emphasized that they would continue the case until reaching a conclusion. The court inquired if the counsel for Jawad S. Khawaja had any objections to the bench, who responded positively, requesting a speedy trial. Justice Aminuddin remarked that the case would proceed according to their method.
Shaheed Foundation’s Request
The Shaheed Foundation’s lawyer argued to become a party. Stating that the foundation was registered under the Charitable Act in Balochistan. Justice Jamal Khan Mandokhail questioned the foundation’s absence during significant incidents and expressed disappointment.
Supreme Court’s Adjournment
The Supreme Court adjourned the hearing on the petitions against civilian trials in military courts until July 11.
