A six-judge bench of the Supreme Court (SC) has resumed hearing a set of petitions challenging the trials of civilians in military courts. The bench comprises Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A. Malik. At the previous hearing, the apex court had rejected a plea, filed by senior counsel Faisal Siddiqi on behalf of civil society activists, to constitute a full court for the case. “Let the people decide what law should prevail in the country,” CJP Bandial had said. “We continue with the work while being detached with the fear of criticism or being liked by some since these are matters for the history and the people of Pakistan to judge,” he added.

Meanwhile, Attorney General for Pakistan (AGP) Mansoor Usman Awan had told the court that legislation was under way to grant the right of appeal against the decisions of the court martial of the 102 suspects awaiting trial in respect of the May 9 violence and arson for attacking different military installations. As the hearing resumed on Thursday, former minister Barrister Aitzaz Ahsan came to the rostrum. “I want to read out four lines in court,” he said. “A new law has been approved in the Parliament, which gives intelligence agencies powers to search anyone at any time without a warrant.”

Earlier this week, the outgoing government quietly got the Official Secrets (Amendment) Bill, 2023 to amend the century-old secrets act approved by the National Assembly in a bid to grant blanket powers to intelligence agencies, which will be able to raid and detain any citizen, even under suspicion of them breaching the law. Yesterday, the bill was presented in the Senate amid fierce opposition and was referred to the standing committee for discussion.

Referring to the amendments during today’s proceeding, Ahsan said “unlimited powers” had been given to intel agencies under the bill “without any legislation”. He stated that six SC judges were sitting in front of him at the moment and urged the apex court to take a suo motu notice on amendments made to the Official Secrets Act. “There are martial law-like conditions in the country today,” Barrister Ahsan added. Here, the CJP asked the lawyer if the amendments made to Officials Secrets Act were a bill or had become law. “It is under discussion in the Senate,” the latter replied.

 “We don’t have much information regarding the matter … we have only read about it in newspapers,” Justice Bandial said. He also highlighted that a previous SC bench had ruled that the CJP could not take a suo motu notice alone. “Fortunately, the bill is still being debated in one of the Houses,” the top judge remarked. “Let’s see what the other House of the Parliament does.”

 
Credit: Independent News Pakistan (INP)