ISLAMABAD: A constitutional petition was filed in the Supreme Court (SC) on Saturday by civil society members to challenge the trial of civilians under the Pakistan Army Act 1952.
The federal government had decided to hold trials of the protesting rioters, who attacked state and military installations on May 9 and 10, under the Army Act. The protestors targeted Lahore Corps Commander House (Jinnah House), the military’s General Headquarters (GHQ), Radio Pakistan Peshawar, and other important buildings and premises.
The petition was filed by advocate Faisal Siddiqi on behalf of the civil society members raising certain questions of law regarding the enforcement of fundamental rights. It also asked about the trial of suspected civilians under the Pakistan Army Act 1952, read with the Officials Secrets Act 1923, collapsing Article 25 of the Constitution of Pakistan.
The petitioner, Faisal Siddiqi, mentioned Articles 10-A, 25, and 175 of the Constitution and asks if the two laws in question can be applied to citizens and suspects accused of riots on May 9 and 10 “until and unless the Constitutional right to a fair trial and due process, including but not limited to a statutory right of appeal to an independent court (with its full power of appellate review), is provided through an appropriate legislation?”
Civil Society Concerns
The petition further maintained that members of civil society who raised the issue before the apex court have no political affiliations and wanted to resolve the issue for the welfare of the citizens of Pakistan.
The petition further brings on record allegations pointing to the involvement of intelligence officials, examples of custody of detained persons being given to military authorities in cases, whereas the FIRs hold no mention of offenses under the Official Secrets Act and Pakistan Army Act but were registered based on offenses specified under the Anti-Terrorism law and Pakistan Penal Code.
The petition further maintained that not all offenses specified under the Official Secrets Act are subject to military trials based on the legislation of both acts.
Moreover, the petition contends that citizens have a constitutional right to have access to such notifications as well as documents related to their issuance and moves the Supreme Court to direct the interior ministry and federal government to bring such material into the public domain.
