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JUSTICE MANDOKHEL QUESTIONS LEGITIMACY OF MILITARY TRIAL OF CIVILIANS
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Friday, 13 December, 2024 I 10 Jumada Al-Akhirah, 1446
MANDOKHEL REMARKS THE ENTIRE CASE CONCERNING MILITARY COURTS REVOLVES AROUND ARTICLE 8
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ISLAMABAD
HOW CAN A PERSON NOT IN THE ARMED FORCES BE BROUGHT UNDER ITS DISCIPLINE, ARGUES MANDOKHEL
STAFF REPORT
UPREME Court (SC) Justice Jamal Khan Mandokhel on Thursday raised concerns over the legitimacy of trying civilians under the armed forces’ disciplinary framework. His remarks came as the court heard the intra-court appeals against military courts’ decisions. The case was heard by a seven-member constitutional bench, led by Justice Aminuddin Khan. The bench included Justices Jamal Khan Mandokhel, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Naeem Akhtar Afghan, Musarrat Hilali, and Shahid Bilal Hassan, who collectively examined the validity of military court proceedings involving civilians. During the hearing, federal government lawyer Khawaja Haris argued that the military courts case had two parts: one declaring sections of the Army Act null and void, and the other regarding the custody of the accused in military courts. Justice Mohammad Ali Mazhar asked, “Did the five-member bench declare the provisions of the Army Act in conflict with Article 8 (fundamental rights of citizens)? What justification was provided in the decision for the Army Act provisions being in conflict with Article 8?”
Justice Jamal Mandokhel remarked that the entire case concerning military courts revolves around Article 8, stating, “How can a person not in the armed forces be brought under its discipline?” Khawaja Haris responded by asserting that if the law permits, discipline will apply. Justice Jamal Mandokhel explained that a person in the Army will be subject to military discipline, a person in the Agriculture Department will follow its discipline, and if a person is not in any department, how can military discipline be applied to them? Is it not a violation of Article 8 to subject an unrelated person to military discipline and strip them of their fundamental rights?
PTI denounces proposal for national govt, demands restoration of ‘stolen’ mandate ISLAMABAD
STAFF REPORT
Khawaja Haris argued that in specific situations, civilians can also be subjected to the Army Act, and fair trial provisions (Article 10A) exist even in military trials. Justice Mohammad Ali Mazhar mentioned that in the cases of FB Ali and Sheikh Riaz Ali, the Army Act provisions were declared void by four judges. Khawaja Haris raised the point that the court did not have the authority to nullify the Army Act provisions. Justice Jamal Mandokhel remarked that under such circumstances, if anyone were to provoke, could the Army Act be applied to them? Has the Army Act rendered sections of Article 8 of the Consti-
tution ineffective? He added, “If the President’s House is attacked, the trial would take place in an anti-terrorism court. But if Army property is attacked, the trial would be in a military court.” Khawaja Haris responded that this decision was made by the legislators through lawmaking. Justice Jamal Mandokhel questioned, “If a soldier kills his officer, where will the case be tried?” Khawaja Haris replied that such a case would go to a regular court. Justice Jamal Mandokhel further remarked, “The concept of cantonments was first introduced by Hazrat Umar Farooq (RA), who, due to strict discipline, kept the military separate from the public. The Constitution’s Article 8 mentions Army laws in terms of their discipline. The military’s discipline remains intact, and may Allah preserve it. If civilians are included in military discipline, God forbid, it could lead to disaster. A case of a soldier killing another soldier is tried in a regular court. An attack on military installations is a crime under the Anti-Terrorism Act.” Justice Musarat Hilali also clarified that a soldier killing another due to personal grievances is different from an attack on the military, which involves national security concerns. The Supreme Court has adjourned the hearing of the military court case until Friday, December 13, and has sought details of the FIRs from May 9 and 10.
Senate passes unanimous resolution to denounce Israeli bombardment of Gaza ISLAMABAD
STAFF REPORT
Pakistan Tehreek-e-Insaf (PTI) on Thursday rejected the idea of a national government, instead demanding the restoration of its stolen mandate, calling the proposal a ploy to undermine democracy and legitimize the theft of PTI’s electoral victory. In a statement on Thursday, PTI Central Information Secretary Sheikh Waqas Akram dismissed the concept of a national government, declaring that anything short of restoring PTI’s mandate would be unacceptable. He argued that accepting such an arrangement would disregard the democratic principles that form the foundation of Pakistan’s political system. Waqas emphasized that PTI had won a “peaceful revolution” on February 8 with a landslide victory, only to see that mandate stolen through what he described as a “midnight polls heist.” He stressed that the stolen mandate represented the true will of the people and must be restored in order to uphold democracy. The PTI leader made it clear that the party would not be a part of any government that ignored the people’s vote. He further criticized those promoting the idea of a national government, stating that they had no connection to PTI and that such a proposal was not only impractical but an insult to the public mandate. Waqas reiterated PTI’s commitment to democratic principles, emphasizing that the party would not compromise on the right of the people to elect their representatives. He urged the current government to respect the people’s mandate and relinquish power to its rightful owners. On the matter of talks with the government, Waqas categorically denied any formal negotiations between PTI and the ruling coalition. While PTI founder Imran Khan had previously expressed a willingness for peaceful dialogue and had even set up a five-member committee for talks, Waqas stated that no formal discussions had been initiated by the government. He stressed that PTI would never “beg” for talks and that the government needed to create an environment conducive to negotiations. Under the current conditions, Waqas argued, any dialogue would be futile. He also condemned the government’s violent tactics in dismantling PTI, particularly in Punjab and Balochistan, where he claimed PTI workers and their families faced persecution. Waqas called out the government’s harsh actions, including raids on homes, detentions, and intimidation of supporters. He labeled these actions as human rights violations and accused the government of acting with fascist tendencies.
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The Senate on Thursday passed a resolution unanimously, condemning Israel’s bombardment extending to many countries. The resolution was moved by Sherry Rehman on behalf of all parties in the House. “The Senate of Pakistan, observing the grave and continuing violations of international law by Israel, expresses its profound concern over the systemic exercise of impunity by Israel in its actions against Palestine,” the resolution said. The Senate noted with alarm the exploitation of the political vacuum caused by regime collapse in Syria, which Israel is using to advance its unilateral agenda. “This agenda now extends beyond Palestine to violations of the
sovereignty of Syria and many other countries,” it added. The Senate called for immediate accountability for these actions, which many in the international community have condemned as war crimes. The Senate strongly condemned the killing of United Nations Relief and Works Agency (UNRWA) team members on October 7, 2023. As of the end of November 2024, 249 UNRWA staff members have lost their lives as a result of Israeli actions. “Such attacks are a blatant violation of United Nations General Assembly Resolution 302; which mandates UNRWA’s role in providing critical humanitarian assistance to vulnerable populations,” the resolution said. The Senate further condemned Israel’s recent legislative measures aimed at undermining
the mandate of UNRWA, which provided essential humanitarian aid in the West Bank, Gaza, Jordan and Syria. This move will severely impact access to health, education, and vital services for Palestinian refugees and threatens the right of return for Palestinian refugees, as enshrined in international law, it said. “The Senate also notes the humanitarian toll of Israel actions. Since the start of the current onslaught, 44,612 Palestinians have been martyred and 105,834 injured, including women and children,” the resolution said. The Senate condemned the targeted killing of over 180 journalists during Israeli bombings in Gaza, and the deliberate destruction of critical infrastructure, including hospitals, schools, and residential areas.
The couple’s appearances in court come after multiple absences by Bushra Bibi, which had led to the issuance of arrest warrants. It may be recalled that on December 9, her arrest warrants were canceled, and the proceedings were allowed to move forward. During the session, defence lawyer Salman Safdar had argued that legal procedure required a seven-day window to review the prosecution’s report before an indictment could occur. The prosecution, however, pushed for an immediate indictment, citing that the accused already had access to all relevant documents and pointing to Bushra Bibi’s re-
peated absences from hearings. Bushra Bibi had assured the court that she would attend all future hearings, explaining that her earlier absences were due to illness and other legal obligations, and that she would not miss further proceedings. The court had initially set December 12 as the date for the indictment, which was brought forward after arguments from both parties. In a separate development, PTI leaders Shah Mehmood Qureshi and Yasmin Rashid were also indicted on Thursday for their alleged involvement in the unrest during the May 9 protests in Lahore.
Imran Khan, Bushra Bibi indicted in Toshakhana-II case ISLAMABAD
STAFF REPORT
A special court on Thursday indicted Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife, Bushra Bibi, in the Toshakhana-II case. The couple appeared before Judge Shah Rukh Arjumand in Adiala Jail, where the charges were read out, and the hearing was adjourned until December 18. The Toshakhana-II case involves allegations of misappropriation of gifts, a matter that has drawn significant public attention due to its implications for the former prime minister and his wife.
PM pledges strengthened efforts for Universal Health Coverage goals by 2030 ISLAMABAD
STAFF REPORT
Prime Minister Shehbaz Sharif has reiterated Pakistan’s dedication to advancing the global agenda on Universal Health Coverage (UHC), emphasizing the pivotal role of governments in ensuring equitable access to healthcare. In his message on Universal Health Coverage Day, the Prime Minister highlighted this year’s theme, “Health: It’s on the government,” which underlines the responsibility of states to guarantee that citizens are not forced to choose between healthcare and basic necessities like food, shelter, or education. “It is our moral imperative as a government to make healthcare accessible to all, regardless of socioeconomic status,” the Prime Minister stated, adding that any compromise on healthcare endangers the nation’s security, prosperity, and development. Shehbaz Sharif pointed to the government’s transformative efforts, particularly the Sehat Sahulat Program, which provides free health coverage to millions of families and has received international acclaim from organizations such as the World Health Organization (WHO). He also noted the significant investments in healthcare infrastructure and the provision of essential medicines, especially in rural and underserved regions. The Prime Minister reaffirmed Pakistan’s commitment to achieving the health-related targets under the United Nations Sustainable Development Goals (SDGs) by 2030. He pledged continued collaboration with the UN and other international partners to uphold health as a fundamental human right. “Health must remain a national priority,” the Prime Minister concluded, stressing the importance of a unified global effort to make universal healthcare a reality.
IHC threatens to revoke Bushra Bibi’s bail over absence ISLAMABAD
STAFF REPORT
The Islamabad High Court (IHC) on Thursday dismissed a plea by the Federal Investigation Agency (FIA) seeking to revoke the bail of Bushra Bibi, the wife of former Prime Minister Imran Khan, after she appeared in court for the hearing of jewellery set case. Justice Mian Gul Hassan Aurangzeb, while delivering his remarks, stated that if a defendant fails to appear in court after being granted bail, the trial court could revoke the bail. However, he clarified that such an action would not be considered contempt of court by the high court. The FIA had approached the court, alleging that Bushra Bibi was misusing her bail privileges. The agency argued that she had failed to appear in court multiple times, which, they claimed, amounted to abuse of the court’s trust. During the hearing, Bushra Bibi’s lawyer, Barrister Salman Safdar, informed the court that his client was present and had not absented herself from previous hearings without valid reasons. He explained that on several occasions, including October 23, court proceedings were not held due to security concerns, and on other occasions, the judge was unavailable due to holidays. Justice Aurangzeb inquired whether the trial court had granted Bushra Bibi exemptions for her absences. Safdar confirmed that multiple exemptions had been granted, citing dates such as October 29, November 12, and November 14. He also noted that Bushra Bibi had appeared in court on November 2 and November 8, while the proceedings for November 12 had been cancelled. The court also heard that the FIA had raised concerns about the delay in proceedings, but Safdar emphasised that his client had complied with the court’s instructions when possible. He added that on December 9, FIA provided statements related to the case under Section 161. Despite the FIA’s request, the Islamabad High Court ruled that Bushra Bibi could continue to benefit from her bail, and dismissed the plea for revocation.
Madrassah Bill approved despite President Zardari’s objections: Fazl DERA ISMAIL KHAN
STAFF CORRESPONDENT
Jamiat Ulema-e-Islam (JUI) chief Maulana Fazlur Rehman has claimed that the Madrassa Registration Bill has been legally approved, despite objections raised by President Asif Ali Zardari after a delay of over a month. Speaking at a press conference in Dera Ismail Khan on Thursday, Rehman criticised the presidential objections, arguing that the bill would have automatically become law if not opposed within 10 days. He said that the bill had already gone through all the necessary stages with the participation of state institutions, including drafting by the Ministry of Law and agree-
ments made in meetings with PPP leaders President Zardari and Bilawal Bhutto. He questioned the basis of objections raised by the president at this stage, especially since the process involved significant input from all parties, including the Pakistan Muslim League-Nawaz (PML-N) and the PPP. “The draft was prepared by the government before the elections, and we accepted it despite our reservations. Why are you distancing yourselves now?” he said. “Why did you create new organisations for religious seminaries? Were state institutions involved in dividing these organisations?” he asserted. The JUI-F chief further stated that while the government had created the draft for the bill, certain groups had deliberately created
a divide among seminaries. He stressed that there was no issue between his party and re-
ligious scholars, nor was there any dispute with religious seminaries themselves. “The people who incited and encouraged you to protest are responsible for this situation,” he said. He also criticised the lack of implementation of provisions made in the agreement with the government, particularly the failure to open bank accounts for seminaries or grant visas for foreign students. “The government has violated the terms of the agreement,” he added. He claimed that the president’s objections were legally irrelevant after the 10-day period, citing the precedent set during the tenure of former President Arif Alvi, who had allowed a bill to pass once the deadline
passed without objections. “The president has delayed his objections for more than a month, and now the bill should be considered law,” he said. If the matter is not resolved, Rehman announced that his party would take legal action and approach the courts. He also confirmed that JUI would convene a meeting of religious seminaries on December 17 to discuss their next course of action. Fazl concluded by warning against any attempt to place religious seminaries under direct government control, as he claimed previous government actions had led to a decline in religious education. “We do not want seminaries to be governed by any Directorate,” he concluded.