ISLAMABAD:
Justice Muhammad Ali Mazhar observed that the wording in the verdicts of Anti-Terrorism Courts (ATCs) in Lahore and Islamabad regarding the transfer of May 9 accused to military custody was identical. This prompted Justice Jamal Khan Mandokhel to remark that it seems ATC judges were weak in English.
A seven-member Constitutional Bench led by Justice Amin ud-Din Khan heard intra-court appeals challenging the trial of civilians in military court.
At the outset of the hearing, Civil Society lawyer Faisal Siddiqui argued that commanding officers had submitted requests to transfer the May 9 accused for military trial. He noted that the request began with a sentence that it was an official secret case as per initial investigation, said Faisal Siddiqui.
“This is an admission by the commanding officer that the investigation was incomplete,” Siddiqui asserted. He further argued that the ATC’s reasoning for transferring the accused to military custody fare absurd.
He said the ATC administrative judge issued order for handing over of accused’s custody for military trials. The ATC declared the accused guilty before completion of the investigation.
Justice Muhammad Ali Mazhar remarked that the use of words in the verdict of Anti-Terrorism Courts Lahore and Islamabad was identical. Justice Jamal Khan Mandokhel added it seems the judges of Anti-Terrorism Courts were weak in English.
Faisal Siddiqui said the court can hand over the custody of the accused to military but not the administrative judge. The military can take over the custody of military officials involved in murder and other crimes from civil court under Army Act Section 59 (1).
Later, the court adjourned the hearing till Monday.
