A six-member bench of the Supreme Court said that trials of civilians in military courts should not begin without notifying the court first. The court also postponed proceedings for an indefinite period.

“The attorney general sought time to seek the instructions of the federal government on the matter of providing a right of appeal to the accused civilians against the judgment issued in their trials on questions of law and fact before an independent court,” said an order released on Friday.

The case was adjourned till August 1 when the attorney general would come up with his statement.

The AGP told the apex court that investigations were still under way and “prima facie no offence entailing” the death penalty or a lengthy sentence has been made out against any detained civilian.

“Till date, no military trial of any detained civilian has commenced and the same shall not be started without prior information to the court,” he said and added that the accused civilians shall have the right to appoint private counsel of their own choice for their defence.

He added that family members and the legal team of the accused civilians shall be allowed to attend the trial proceedings of the latter. “Evidence shall be recorded at the trial of accused civilians under the law and procedure applicable to the criminal courts of ordinary jurisdiction. The judgment delivered in the trial of the accused civilians shall be supported by reasons.”

Friday’s proceedings

A six-member bench resumed proceedings in the military courts’ case on Friday. The case involves multiple petitions challenging the decision to send people involved in May 9 protests to court.

The chief justice of Pakistan made the remarks about trials in military courts being tied to SC approval and added that the top court would intervene if a ‘martial law’ type situation was created in the country.

“This is not the Zia era. There is no martial law in the country,” Justice Bandial added.

The CJP also added that evidence in cases should be gathered transparently and trials, when they begin, should be in open courts.

However, the court also rejected Justice (r) Jawad S Khawaja’s plea to issue a stay order against the military court trials. Justice Bandial questioned how a stay order could be issued when trials had not yet begun.

Attorney General Mansoor Awan asked for one month to submit a detailed response in court regarding the right of appeal. The chief justice replied that the current government would complete it by the time one month was over.

“Will you appear on behalf of the caretaker government as well?” Justice Muneeb Akhtar asked.

The attorney general began with a description of how a trial takes place in a military court.

He said that questions had been raised in court if a military court could have a fair trial, so he would describe the procedure first and then answer any questions.

The attorney general also said that an event like May 9 had never taken place in Pakistan and could not be allowed to take place again.

However, when he added that 102 people were listed for trials in military courts, Justice Mazahar Naqvi asked him how they had been transferred to military courts.

Awan added that the maximum sentence in a military court was 14 years’ imprisonment or death penalty. However, he added that prima facie, the maximum punishment would not be given to the people involved on May 9.

Justice Ayesha Malik asked the AG how he could be sure that only sentences of up to two years would be handed out. Awan replied that the maximum punishment was only reserved for cases where ‘foreign conspiracy’ was involved.