Army didn’t directly file FIRs against May 9 accused: SC judge

ISLAMABAD: Justice Muhammad Ali Mazhar, a judge of the Supreme Court, observed on Tuesday that the accused in the May 9 incidents were charged under the Official Secrets Act, and the army did not directly file any FIRs.

A seven-member Constitutional Bench of the apex court, headed by Justice Aminuddin Khan, heard the Intra-Court Appeals (ICAs) filed by the federal government and the Ministry of Defence against its earlier judgement declaring the trial of civilians in military courts unconstitutional. Other members of the bench were Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, Justice Syed Hassan Azhar Rizvi, and Justice Shahid Bilal Hassan.

Khwaja Haris, counsel for the Ministry of Defence, continued his rebuttal arguments. The bench directed the counsel to conclude his arguments within 30 minutes by Wednesday.

Justice Aminuddin noted that the attorney general would be heard on Wednesday after Khwaja Haris concludes his submissions. During the hearing, Justice Mazhar observed that the Army Act also grants certain fundamental rights, adding that Rangers and FC personnel approach the service tribunal if dismissed.

Justice Mandokhail questioned whether police and Rangers have their own separate courts. “In the police, does the IG hear appeals, or does the SP conduct cases?” Justice Mandokhail asked, adding that in India, independent forums are available.

He emphasized that a person cannot be arrested without an FIR nor detained without a magistrate’s order. Justice Mazhar, however, noted that the accused in the May 9 incidents were charged under the Official Secrets Act. “The army did not file any FIRs directly,” Justice Mazhar remarked, adding that civilians were handed over to the military through anti-terrorism courts. “Whether the custody was correct or not is another debate,” he observed.

Justice Mandokhail remarked that the case would have far-reaching consequences, citing that the F B Ali case was still debated decades later. Meanwhile, Khawaja Haris submitted that if there had been fewer questions from the judges, he would have finished his arguments on Tuesday. Mandokhail promised he won’t ask any more questions.

Later, the court adjourned the hearing for today (Wednesday).