ISLAMABAD:
Following the acceptance by the head of the army of the requests for clemency of 19 convicted persons on humanitarian grounds, a debate has begun on whether the actions of the Supreme Court in matters related to the legality of civilian trials before military courts have lost their relevance.
However, some members of the legal community express disappointment with the conduct of the SC in this case.
They consider that the procedures of the Constitutional Court are now irrelevant because the authority of the civil judiciary has already been damaged.
A government official says that if the constitutional court upholds the October 23 order, these convicts will be tried again in anti-terrorism courts (ATC).
Politician Chaudhry Fawad Hussain has said the army chief’s decision could be a step towards reducing tensions.
“Most of the accused are young, and pardoning them could be the right solution. In response, the PTI should distance itself from reports involving personal attacks on the army,” he adds.
Lawyer Hafiz Ehsaan Ahmad Khokhar, commenting on the granting of pardon and remission to those convicted by the military courts involved in the May 9 incidents, clarified that after delivering the sentences of the General Field Martial Court and the confirmation of sentences under Section 120 of the Pakistan Army Act, 1952, the federal government or the chief of army staff may condone the sentences or grant pardons under of Section 143 of the Pakistan Army Act, either unconditionally or under any conditions accepted by the sentenced person during the said period.
Former Additional Solicitor General Tariq Mahmood Khokhar says the rule of law is a constitutional principle existing in both international law and domestic law. Requires that issues relating to a “fair and public hearing before a competent, independent and impartial tribunal” be resolved by the application of the law and not by the exercise of discretion; the latter, by definition, is arbitrary and contrary to the rule of law.
The granting of “pardon” to 19 “convicts” will be of no use here nor is it in our national interest,” he adds.
The previous convictions and sentences, and now the pardons, are presented to international comity and the SCP as a fait accompli,” says Tariq Mahmood Khokhar.
He concludes that the trials, convictions, sentences and pardons of civilians in military courts have destroyed the illusion of the relevance of the Supreme Court.
Advocate Abdul Moiz Jaferii also stated that the chief of the army staff is the head of a government department. “The idea of this public official having the authority to dispense mercy to civilians is akin to the WAPDA chairman condoning the theft of electricity.”
