ISLAMABAD (PEN) : The Supreme Court has granted conditional permission for military courts to pronounce their reserved judgments, although with specific conditions.
A six-member bench headed by Justice Aminuddin Khan, conducted a hearing on intra-court appeals concerning the trial of civilians in military courts. The other members of the bench were Justices Muhammad Ali Mazhar, Hasan Azhar Rizvi, Shahid Waheed, Musarrat Hilali, and Irfan Saadat Khan.
One of the key directives from the Supreme Court was to pronounce judgements only in those cases in which the nominated persons could be released before Eid. It also ordered the government to release of 15 to 20 detained persons, with instructions to expedite their release three to four days before Eid.
When Attorney General for Pakistan (AGP) Mansoor Usman Awan assured the court that they will try to release the prisoners, Justice Mazhar stressed that these individuals should not be re-arrested under the Maintenance of Public Order (MPO) upon their release.
The court order stated that the permission to pronounce judgment will be subject to a final decision on the appeals, and directed the attorney general to submit an implementation report to the court registrar.
The Supreme Court also accepted the request of the Khyber Pakhtunkhwa government to withdraw its appeals. It adjourned the hearing of the case till the fourth week of April.
Court hearing
The Supreme Court also sought the details of those who have been sentenced for less than three years. Moreover, the attorney general told the court that those sentenced for less than three years will get statutory concessions in their sentences.
Earlier, the AGP had revealed the possibility of releasing 15 to 20 accused individuals of the May 9 violence, adding that there were 20 suspects who could be released before Eid. However, he outlined the necessity to complete three stages for their release, including issuing reserved judgments, the verdict’s ratification, and granting concessions by the army chief to those with lesser sentences.
The AGP had requested the court allow the military courts to announce their reserved judgements. Justice Aminuddin Khan remarked that even if permission is granted, it will be subject to the final decision of the appeals.
The AGP told the court that those suspects sentenced to less than a year in prison will be granted concessions.
Senior counsel Aitzaz Ahsan lamented that the decision of the military courts will be confirmed by an authority that did not even hear the case. Advocate Faisal Siddiqui claimed that the attorney general had said the punishment of all the suspects will be up to three years, If the three-year sentence is suspended along with the announcement of the verdict then allow the decision to be pronounced, the lawyer asked the court.