ISLAMABAD: The ISPR, the media wing of Pakistan’s military, has stated that systematic attacks on Pakistan’s armed forces installations, including memorials of martyrs, were carried out under a pre-planned political narrative rooted in hatred and lies.
The individuals involved in these attacks during the May 9 tragedy have been sentenced for desecrating military installations.
In the first phase, the Field General Court Martial (FGCM) has sentenced 25 convicts after thoroughly examining all the evidence and completing the legal process. The convicted individuals were granted all legal rights to ensure due process was followed.
What Legal Experts Say?
WE News (Urdu) spoke to legal experts to determine the potential future of these convictions. Will the 25 convicts have the possibility of being released on bail?
Legal expert Imran Shafique Advocate, in an exclusive conversation with WE News (Urdu), explained that the fate of these sentences depends on the Supreme Court’s decision.
He noted that when the Supreme Court allowed the military courts to announce the verdicts, it also stipulated that the trials of civilians in military courts would be subject to the outcome of pending petitions in the Supreme Court.
“If the Supreme Court concludes that civilians cannot be tried in military courts, these sentences will automatically become null and void, rendering them without legal standing. However, if the Supreme Court upholds the legality of trying civilians in military courts, the circumstances will change,” Shafique said.
Shafique Advocate added that even in such a scenario, the question will definitely be before the Supreme Court to clarify the specific cases and conditions under which civilians can be tried in military courts.
“Given the existence of anti-terrorism courts, it is not necessarily imperative for such cases to be tried in military courts,” he said.
Imran Shafique opined that the earlier decision by the five-member bench of the Supreme Court, which ruled against trying civilians in military courts, appears to be constitutionally and legally sound.
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He pointed out that now while the military courts have announced sentences, the accused have the right to appeal; however, such appeals must be directed to the Army Chief, which may not provide significant relief.
Unlike appeals filed in the High Court or Sessions Court, the same level of legal recourse is not available in military courts.
Colonel (Retd) Inam-ur-Rahim’s Perspective
Speaking to WE News (Urdu), Colonel (retd) Inam-ur-Rahim explained that the 25 individuals, who have been sentenced, were court-martialled.
He clarified that summary trials are only conducted for offences carrying a maximum punishment of one year in prison. However, he said, many of these 25 convicts have been sentenced to 10 years in prison, which is possible only after a court-martial process.
Colonel (retd) Inam said that once the FGCM delivers its verdict, it is referred to the convening authority (a Major General) who reviews and confirms before the sentence is officially announced. Convicts have 40 days to file an appeal in the Military Court of Appeals, he said.
He stated that if the appeal is rejected, they can file a mercy appeal to the Army Chief.
Colonel Inam-ur-Rahim said that the Supreme Court had allowed the announcement of verdicts for 85 accused individuals. So far, sentences for 25 have been announced, which means that the trials of 60 people are under process.
He said that as a lawyer he believes that civilians should be tried in civilian courts rather than military courts conduct such trials.
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He further criticised the precedent set during the tenure of former Prime Minister Imran Khan, when 29 individuals were tried in military courts, with three sentenced to death without access to lawyers of their choice, which is a violation of the right to a fair trial.
He added that senior lawyer Latif Afridi had advised the former premier against such actions at the time, but the recommendations were ignored. He said that Imran Khan is now facing reprisals for his earlier actions.
Relief for Convicts
Colonel Inam-ur-Rahim also said that one advantage for the convicted individuals is that they will now be transferred to civilian prisons, allowing their families to visit them more easily.
