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Lawyers reject civilian military trials

LAHORE: The legal fraternity stated on Thursday that referring to a military court as a court was contrary to the “true essence of the word court,” and that they “strongly opposed” the trial of civilians in such tribunals, emphasizing that they would not allow “some people to succeed in their mission.”

The lawyers made the remarks while speaking at the Supreme Court Bar Association’s (SCBA) All Pakistan Lawyers’ Convention on “rule of law & Constitution, trials by military courts, an affront to constitutional & fundamental rights” at the Lahore High Court.

Read More: Maryam supports military court trials.

Following the arrest of party chairman Imran Khan in a graft case on May 9, marchers allegedly belonging to the PTI protested across the country and ransacked government properties and military installations, including the Lahore corps commander’s house.

The federal government and top military commanders both strongly condemned the strikes.

The National Security Committee (NSC), the country’s highest security and foreign policy body, designated May 9 a dark day and voiced complete solidarity and support for the military services.

Army Chief General Asim Munir presided over a corps commanders’ conference at which it was decided that perpetrators, planners, and executors of such assaults would face prosecution under Pakistani laws such as the Army Act and the Official Secrets Act.

The NSC agreed with the decision.

Read More: PML-N only accept 4-3 Supreme Court decision in suo motu case: Nawaz

Amnesty International expressed worry about the country’s intention to try May 9 rioters in military courts, stating that “using military courts to try civilians is a clear violation of international law.”

The non-governmental organization claimed in a tweet that “there are several provisions under ordinary criminal laws that can be used to prosecute vandalism and destruction of public property.”

“The right to a fair trial, guaranteed by Pakistan’s Constitution, is severely undermined and cannot be justified,” it stated. It must be overturned promptly.”

PTI leaders were arrested and re-arrested following the government’s crackdown on demonstrators.

Following the May 9 violence, some party lawmakers, including Fawad Chaudhry, Asad Umar, Shireen Mazari, Ali Zaidi, and Imran Ismail, either distanced themselves from Imran or abandoned the party.

On Thursday, the legal community reiterated that they would not accept a government that denied its citizens the rule of law.

Sardar Latif Khan Khosa, a notable lawyer and former Punjab governor of the PPP, claimed on the occasion that no civilian could be convicted under the Army Act. “Everyone is feeling as if they’re being suffocated. “He called on the legal community to stand by the Constitution, adding that neither the courts nor the attorneys were being respected.

Khosa slammed the ruling coalition, saying they will not accept a government that denies its people the rule of law. He revealed that former Prime Minister Benazir Bhutto’s manufactured offensive photographs were dropped from helicopter. He stated that PTI’s former MNA Shireen Mazari was threatened for her daughter to leave the party, something no mother could stand.

He regretted that no country, including the IMF, was willing to listen to Pakistan and was not treating the country “seriously.”Khosa argued that the administration claimed it had no funding for elections while, on the other hand, it was putting all of its efforts into expanding the cabinet. Another notable lawyer, Hamid Khan, stated that the legal community stood together to defend the Constitution “whenever it was attacked.” He referred to the current state of affairs in the country as “unannounced martial law.”

Khan stated that “saying court to a military court is actually against the true essence of the word court,” noting that there was no argument or counsel present. He asserted that “some powers,” with the help of lawyers, were attempting to divide the court and had “somewhat succeeded.”

“Remember, if the courts are alive, then we and the Constitution are alive,” he explained. Ishtiaq A Khan, President of the Lahore High Court Bar Association, has threatened to launch a protest if the jailed lawyers are not released.

Former Punjab Advocate General Ahmed Awais, SCBA President Abid Zuberi, and others spoke during the event.

 

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