Pakistan Judiciary under pressure of Army

The Pakistan army is leaving no stone unturned to overpower the judiciary when the country is caught up in political and economic uncertainty. The Pakistan army has already succeeded in grabbing the political system by horns and now mounted pressure through confusion and chaos on the judiciary to make it fall in line.

The Pakistan army has made it a prestige issue to hold the trial of around 100 rioters involved in the May 9 incident in military courts under the Pakistan Army Act, 1952, and the Official Secret Act, 1923. Imran Khan is among the petitioners who have challenged the federal government's decision to hold the trial of May 9 rioters in military courts.

But the differences among Supreme Court judges have surfaced when a senior judge raised concerns over the swift scheduling of petitions challenging the trial of civilians in military courts. The Supreme Court of Pakistan is divided into two camps with seven judges in one camp and eight in the other. Some judges are reluctant to sit on the same bench as some of their colleagues.

On June 22, Supreme Court Justices Sardar Tariq Masood and Syed Mansoor Ali Shah agreed with Justice Qazi Faez Isa's reasoning regarding the refusal to sit in the larger nine-member bench constituted to hear the petitions on military court trials of civilians. The bench was later trimmed down to seven members.

The Chief Justice of Pakistan Umar Ata Bandial has been advised by Justice Syed Mansoor Ali Shah and Justice Sardar Tariq Masood to constitute the Full Court Bench of all judges of the Supreme Court, keeping the immense public importance that has a far-reaching impact on the political, social and economic life of the people of Pakistan and their fundamental rights. Presently, the Supreme Court comprises sixteen Judges including Chief Justice.

Interestingly, a petitioner in the Supreme Court of Pakistan has challenged the trials, convictions, and sentences of 29 civilians in military courts during the rule of the Pakistan Tehreek-e-Insaf (PTI) party. The petitioner has alleged that Imran Khan, Gen (retd) Bajwa, and Lt-Gen (retd) Hameed, had exceeded their power and illegally abducted, detained, and sentenced without due process of law, the civilians and in violation of their fundamental rights and constitutional guarantees given to every citizen under the constitution of Islamic Republic of Pakistan.

Lt Col (retd) Inamul Rahiem, a lawyer representing the civilian defendants in military court, has filed a constitutional petition challenging these trials carried out under the Pakistan Army Act, 1952 as a breach of constitutional rights. When PTI chief Imran Khan served as the prime minister, these 29 persons were charged under various offenses, including terrorism, with their trials conducted in the military courts.

The petitioner has requested the Supreme Court to declare the military court trials of the 29 civilians as unconstitutional and to transfer these cases to civilian courts, ensuring a fair and transparent process. The petitioner has requested before the court to initiate criminal proceedings against Imran Khan, Gen (retd) Bajwa, and Lt-Gen (retd) Hameed.

Meanwhile, Pakistan Army Chief Gen Syed Asim Munir before catching civilians involved in May 9 riots, launched a "self-accountability process" in which a lieutenant general among 3 senior army officers was sacked. Besides, a granddaughter of a retired four-star general, son-in-law of a retired four-star star general, wife of a retired three-star general, and wife and son-in-law of a retired two-star general have been fixed on the basis of undeniable evidence.

There has been a rift in the armed forces' ranks over Imran. Hundreds of officers in the army have quietly supported Imran, since he was dislodged from office in April 2022. However, under the Army Act, 17 standing military courts are functioning in which the "trial of 102 miscreants is underway.

Supreme Court Attorney General for Pakistan (AGP) Mansoor Usman Awan on June 27 submitted details of 102 accused who were in military custody in connection with the May 9 riots. The AGP requested the court not to make public the list of the May 9 riots accused, who were in the custody of the army. He, however, clarified that so far the trial of any civilian was not being run in army courts as the matter was at the investigation stage.

Pakistan's history is witness to army control over the political and judicial system. With the judicial murder of Bhutto, the judiciary lost its credibility. The armed forces protected and expanded their domain while other vital organs of the state were allowed to collapse. When the country came under the fourth Martial Law several senior judges, including the Chief Justice of Pakistan who refused to take the oath was sent home by the arrogant army. Musharraf tried to arbitrarily get rid of his own appointed CJP, but the Lawyers Movement in March 2007 called the Movement for Rule of Law. The civil society also came on the streets which led to the exit of power of the dictator and ultimately restored the authority of Justice Iftikhar Chaudhry as CJP.

(R C Ganjoo is a senior journalist and columnist having more than 30 years experience of covering issues concerning national security, particularly Kashmir. He has worked with several prominent media groups and his articles have been published in many national and international publications.)

Disclaimer: The opinions expressed in this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of OneIndia and OneIndia does not assume any responsibility or liability for the same.