The Supreme Court held a hearing regarding the trial of civilians in military courts, amidst complaints from families once again about being denied meetings with the suspects.
A seven-member bench of the SC, led by Justice Aminuddin, reviewed multiple aspects of the case, providing assurance of resolving these issues.
During the hearing, the families of the suspects expressed frustration over not being allowed to meet their loved ones. Lawyer Salman Akram Raja highlighted that the suspects were not being allowed to meet with their families for five weeks, and the ones who did meet were in handcuffs.
Aitzaz Ahsan referenced the late poet Habib Jalib's poignant remarks on the sorrowful state of jail meetings that 'Halaat ka maatam tha, mulaqat kahan thi?', to which Justice Jamal Mandokhel responded by emphasizing the need to focus on the case rather than poetry.
A notable moment in the proceedings involved Hafeezullah Niazi, who held up the Constitution of Pakistan while expressing his anguish. He stated, "My son (Hassaan Niazai) has been on physical remand for 11 months. Tell me, where is this written in the Constitution?"
He quoted Maulana Abul Kalam, underscoring that the biggest injustice occurs in war and judicial settings. However, Justice Muhammad Ali Mazhar advised Niazi to focus on the current appeal, noting that entertaining his application might derail the primary case and many other appeals would be filed.
Attorney General Mansoor Usman Awan expressed surprise over the lack of family meetings, saying he had already resolved the matter. He reiterated his commitment to address the issue following the court's directions.
The court also deliberated on the scope of intra-court appeals, with Justice Shahid Waheed inquiring regarding the decision of Justice Mansoor Ali Shah in the Practice and Procedure case. The question was raised whether the entire case would be re-examined or only analysed on a review petition. The court sought assistance of the lawyers in this regard.
During the proceedings, the court approved applications from the Lahore High Court Bar and Shuhada Foundation to become parties in the case. Justice Mandokhel questioned the Shuhada Foundation’s lawyer about their response to the burning of Jinnah House (Lahore Corps Commander House) and the Quaid-e-Azam Residency in Ziarat, asking how many applications were filed in these instances.
"It will be seen later how many days Quaid-e-Azam stayed in Jinnah House," it observed.
The court concluded by adjourning the hearing until July 11, seeking detailed records of those who were released after completing their sentences by military courts. This decision aims to provide a comprehensive overview of the military court's proceedings and their outcomes.
It also disposed of the appeal of the Khyber Pakhtunkhwa government on the grounds of being withdrawn.
