PHC issues notice to govt on PTI plea against mlytrial of civilians

PESHAWAR: A two-member bench of the Peshawar High Court (PHC) Tuesday issued a notice to the Federal Ministry of Law on a petition challenging the trial of civilians in military court.

Justice Abdul Shakoor and Justice Syed Arshad Ali issued the notice on a petition of provincial convener Pakistan Tehreek-e-Insaf Lawyers Wing Qazi Mohammad Anwar, Advocate. Additional Attorney General Sanaullah appeared before the court on behalf of the federal government.

Qazi Anwar told the court that recently some amendments had been made to the Official Secrets Act, including the Army Act, but the president said he had not signed the bill. He said that civilians could not be tried under the Official Secrets Act and only army personnel could be tried under it. He informed the court that some persons arrested in the May 9 incidents had been handed over to military courts, which was not right. “If tried under the Act, it would be unconstitutional,” he argued.

Additional Attorney General Sanaullah informed the court that if the president had not signed the law, there was a constitutional period to send it back. “Besides, it is clearly written in the Official Secrets Act of 1923 that civilians can also be tried under the law,” he added.

Qazi Anwar argued that the National Assembly had approved the amendments on August 8 and sent it to the Senate on the same day, while the National Assembly was dissolved on August 9, after which it was sent to the president, but he did not sign it. “Therefore, the law has not been made, so how has it been given a legal form?” He pleaded with the court that the trial of those arrested after the May 9 incidents should be stayed till the final decision on the petition, which the additional attorney general opposed. The court issued a notice to the Federal Ministry of Law and sought a written response.