**Military Trials: Government Defends Stance with Solid Evidence**
The federal government has presented concrete evidence to support its decision to prosecute only 105 out of over 5,000 individuals accused of engaging in acts of violence on May 9, 2023, in military courts. The Additional Attorney-General, Amir Rehman, revealed this information during a hearing before the Constitutional Bench (CB) of the Supreme Court.
**Historical Reference: Plane Conspiracy Case**
During the proceedings, Justice Mussarat Hilali referenced the Plane Conspiracy Case of October 1999, involving an alleged attempt by then-Prime Minister Nawaz Sharif to prevent the landing of a passenger plane carrying the army chief, General Pervez Musharraf. This incident led to a military coup, with senior military officers loyal to Musharraf seizing control of the government and airports.
**Legal Clarifications and Court Procedures**
Justice Hilali questioned the lawyer for the Ministry of Defense, Khawaja Haris, about the application of the Pakistan Army Act, 1952 in cases of hijacking and terrorism. Haris clarified that the Act deals with violations of the Official Secrets Act, 1923, rather than every terrorist activity.
The discussion also touched upon the jurisdiction of military courts in cases registered under the Pakistan Penal Code (PPC), 1860, and the Anti-Terrorism Act (ATA), 1997. Justice Hilali raised concerns about the judgment process in military courts, particularly regarding the authority responsible for deciding on punishment or reward.
Khawaja Haris explained that officers with experience in conducting trials preside over military courts. However, questions were raised about their legal qualifications, prompting a discussion on the procedure for drafting decisions and the involvement of the Judge Advocate General (JAG) branch.
**Insight into Military Court Operations**
The hearing concluded with insights into the investigative procedures and judgment mechanisms of military courts, shedding light on the complexities of legal proceedings within the military justice system. The CB adjourned the session, leaving room for further deliberations on Monday.
This episode underscores the intricate interplay between legal frameworks, judicial processes, and governmental decisions in ensuring justice and upholding the rule of law in complex cases involving national security and public safety.
