March 4, 2025
By Rana Malhi
ISLAMABAD
During Supreme Court proceedings on Tuesday, Advocate Faisal Siddiqui,informed the court that a total of 105 civilians had been accused out of which 20 individuals had been released. He was responding to a question posed by Justice Muhammad Ali Mazhar – one of the judges on a seven member bench, who were hearing the intra court appeal on whether civilians should be tried in military courts. The bench is headed by Justice Amin-ud-Din.
Justice Mazhar had inquired Siddiqui of the number of individuals who have been released from military courts so far.
After Siddiqui responded to the question, the Additional Attorney General clarified that initially, 20 individuals had been released, followed by the release of 19 more people bringing the total number of released individuals to 39. He further added that at present, a total of 66 individuals remain in various jails.
In his arguments, Faisal Siddiqi informed the court that in the United States, both parties have the right to submit a proposed judgment for the judges at the conclusion of their arguments. “If the government’s stance is that court-martial is inevitable, then an alternative must also exist.”
Justice Mandokhail remarked, that whoever committed a crime should be punished.
“What difference does it make where the trial takes place?” he questioned.
To this, Faisal Siddiqi argued that the difference was significant, as one trial takes place under an independent judiciary, whereas the other is conducted in military courts, which operate under a completely different system.
Justice Jamal Khan Mandokhail responded by stating that all legal forums were available and should be respected. Siddiqi then referred to Article 8(3)(a) and cited the FB Ali case, arguing that the law itself could not be challenged.
Siddiqi concluded his arguments, following which petitioner Bushra Qamar’s lawyer, Abid Zuberi, began his arguments.
Zuberi stated that the Attorney General had indicated legislative amendments to grant the right to appeal. At this point, Justice Jamal Khan Mandokhail questioned, “Can the Attorney General give an undertaking that is not provided for in the law?”
Zuberi argued that the Attorney General had represented the government’s stance before the court.
The Supreme Court adjourned the hearing of the intra-court appeal against the decision to try civilians in military courts until tomorrow. Petitioner Bushra Qamar’s lawyer, Abid Zuberi, will continue his arguments in the next hearing.