In a unanimous verdict, a five-member bench of the Supreme Court on Monday declared civilians’ trials in military courts null and void as it admitted the petitions challenging the trial of civilians involved in the May 9 riots triggered by the arrest of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in a corruption case.

The five-member apex court bench — headed by Justice Ijaz Ul Ahsan, and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik — heard the petitions filed by the PTI chief and others on Monday.

The larger bench in its short verdict ordered that 102 accused arrested under the Army Act be tried in the criminal court and ruled that the trial of any civilian if held in military court has been declared null and void.  

The apex court had reserved the verdict earlier today after Attorney General of Pakistan (AGP) Mansoor Usman Awan completed his arguments centred around the domain and scope of the military courts to try the civilians under the Army Act. 

At the outset of the hearing today, petitioner lawyer Salman Akram Raja told the bench that trials of civilians already commenced before the top court’s verdict in the matter.

Responding to this, Justice Ahsan said the method of conducting proceedings of the case would be settled after Attorney General of Pakistan (AGP) Mansoor Usman Awan completed his arguments.

Presenting his arguments, the AGP said he would explain to the court why a constitutional amendment was necessary to form military courts in 2015 to try the terrorists.

Responding to Justice Ahsan’s query, AGP Awan said the accused who were tried in military courts were local as well as foreign nationals.

He said the accused would be tried under Section 2 (1) (D) of the Official Secrets Act and a trial under the Army Act would fulfill all the requirements of a criminal case.

“The trial of the May 9 accused will be held in line with the procedure of a criminal court,” the AGP said.

The AGP said the 21st Amendment was passed because the terrorists did not fall in the ambit of the Army Act.

“Amendment was necessary for the trial of terrorists [then] why amendment not required for the civilians? At the time of the 21st constitutional amendment, did the accused attack the army or installations?” inquired Justice Ahsan.

AGP Awan replied that the 21st Amendment included a provision to try accused involved in attacking restricted areas.

“How do civilians come under the ambit of the Army Act?” Justice Ahsan asked the AGP.

Justice Malik asked AGP Awan to explain what does Article 8 of the Constitution say. “According to Article 8, legislation against fundamental rights cannot be sustained,” the AGP responded.

Justice Malik observed that the Army Act was enacted to establish discipline in the forces. “How can the law of discipline in the armed forces be applied to civilians?” she inquired.

The AGP responded by saying that discipline of the forces is an internal matter while obstructing armed forces from discharging duties is a separate issue.

He said any person facing the charges under the Army Act can be tried in military courts.

“The laws you [AGP] are referring to are related to army discipline,” Justice Ahsan said.

Justice Malik inquired whether the provision of fundamental rights be left to the will of Parliament.

“The Constitution ensures the provision of fundamental rights at all costs,” she added.

If the court opened this door then even a traffic signal violator will be deprived of his fundamental rights, Justice Malik said.

The AGP told the bench that court-martial is not an established court under Article 175 of the Constitution.

At which, Justice Ahsan said court martials are not under Article 175 but are courts established under the Constitution and Law.

After hearing the arguments, the bench reserved the verdict on the petitions.

A day earlier, the federal government informed the apex court that the military trials of civilians had already commenced.

After concluding the hearing, Justice Ahsan hinted at issuing a short order on the petitions. 

The government told the court about the development related to trials in the military court in a miscellaneous application following orders of the top court on August 3, highlighting that at least 102 people were taken into custody due to their involvement in the attacks on military installations and establishments. 

Suspects express confidence in mly courts

The same day, expressing their “faith and confidence” in military authorities, nine of the May 9 suspects — who are currently in army’s custody — moved the Supreme Court, seeking an order for their trial in the military court be proceeded and concluded expeditiously to “meet the ends of justice”.

Nine out of more than 100 suspects, who were in the army’s custody, filed their petitions in the apex court via an advocate-on-record.

The May 9 riots were triggered almost across the country after former prime minister Imran Khan’s — who was removed from office via a vote of no confidence in April last year — arrest in the £190 million settlement case. Hundreds of PTI workers and senior leaders were put behind bars for their involvement in violence and attacks on military installations.

Last hearing

In response to the move by the then-government and military to try the May 9 protestors in military courts, PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, lawyer Aitzaz Ahsan, and five civil society members, including Pakistan Institute of Labour Education and Research (Piler) Executive Director Karamat Ali, requested the apex court to declare the military trials “unconstitutional”.

The initial hearings were marred by objections on the bench formation and recusals by the judges. Eventually, the six-member bench heard the petitions.

However, in the last hearing on August 3, the then-chief justice Umar Ata Bandial said the apex court would stop the country’s army from resorting to any unconstitutional moves while hearing the pleas challenging the trial of civilians in military courts.

A six-member bench, led by the CJP and comprising Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik, heard the case.

In the last hearing, the case was adjourned indefinitely after the Attorney General for Pakistan (AGP) Mansoor Usman Awan assured the then CJP that the military trials would not proceed without informing the apex court.

• Chief selector Inzamam-ul-Haq unveiled squad. 
• Hasan Ali replaces injured Naseem Shah. 
• Pakistan enter mega-event as number one ranked side.

LAHORE: In a much-awaited announcement, the Pakistan Cricket Board (PCB) has finally revealed the 15-member squad for the upcoming ICC World Cup 2023. 

The announcement of Pakistan’s squad faced unexpected delays as the team management held consultations following a humiliating exit from the Asia Cup and the injuries faced by major bowlers during the tournament. 

Chief selector Inzamam-ul-Haq unveiled the squad at Lahore’s Gaddafi Stadium. 

Babar Azam will captain the team, while Shadab Khan remains the team’s vice-captain. Hasan Ali has been called in to replace pacer Naseem Shah — who has been ruled out from the tournament due to his shoulder injury. 

Ali, however, will be returning to one-day international (ODI) cricket after a year-long hiatus following his last appearance against West Indies in Multan in 2022.

“We were forced to make one change because of an unfortunate injury to Naseem Shah. We had a few injury scares in the recent Asia Cup, but I am glad to share that all the players are fully fit and are eager to perform for their country in the all-important tournament. I have received encouraging reports from our medical panel about Haris Rauf. He has started to (shadow) bowl at the National Cricket Academy and will be available for selection,” said Inzamam while speaking during a press conference today. 

“I have a firm belief that this squad can bring the World Cup trophy to Pakistan and make the whole nation proud with their incredible performances. It is time to get behind our team and provide them with the backing and support that they need.”

Babar Azam’s side enters the mega-event as the number one ranked side and enjoys the best win/loss ratio of 2.4 in this World Cup cycle for any side that has played the ODI format.

The ICC World Cup 2023 will take place in India with 10 teams fighting for the elusive title across 10 venues from October 5 to November 19, with the Narendra Modi Stadium in Ahmedabad hosting the tournament opener and the final.

The Cricket World Cup will be played in a round-robin format, with all teams playing against each other for a total of 45 league matches.

The top four teams will qualify for the semifinals, which will be held in Mumbai on November 15 and in Kolkata on November 16. The semi-finals and the final will have reserve days.

Squad

Babar Azam (c), Shadab Khan, Abdullah Shafiq, Fakhar Zaman, Haris Rauf, Hasan Ali, Iftikhar Ahmed, Imam-ul-Haq, Mohammad Nawaz, Mohammad Rizwan (wk), M Wasim Jnr, Saud Shakeel, Salman Ali Agha, Shaheen Shah Afridi, Usama Mir.

Reserves

Mohammad Haris, Zaman Khan, Abrar Ahmed.

Veteran cricketer Shahid Afridi Wednesday shared a heartfelt note for his daughter, Ansha, expressing his feelings over her marriage with Pakistan pacer Shaheen Shah Afridi.

The wedding ceremony took place in Karachi a day earlier.

Following their engagement two years ago, the couple had tied the knot in an intimate nikah ceremony held in February this year.

In an emotional and moving post on X, formerly Twitter, the former cricketer wrote Urdu couplets for his daughter.

“Aya tha ghar main noor abhi kal ki baat hai

Rukhsat bhi ho raha hai wo ankhon kay saamney

Dooba hua bhi hai terey baba ka dil magar

Umeed subh-e-nau isey ayi hai thamney,” Afridi wrote.

Along with the couplet, the former Pakistan captain shared two photos of himself with the newly wedded couple. In both images, taken from the back, Afridi is seen lovingly holding onto his daughter and son-in-law in a pleasant mood.

In one of the pictures, the former all-rounder is seen leaning towards Ansha, expressing his emotions of a father seeing his daughter off.

In the photo, Afridi’s daughter is seen wearing an intricately-designed red dress, embellished with gold zardozi and sequin work.

Photos from the wedding, which took place at a private wedding venue in Karachi, have gone viral on social media with Shaheen seen mingling with guests and fellow cricketer and Pakistan captain Babar Azam amid the joyous occasion.

The 23-year-old fast bowler arrived at the venue to receive his bride with his family, while the rukhsati (seeing off) ceremony was decked with a diverse guest list which included former captain Misbah-ul-Haq, Saeed Anwar, Tanveer Ahmed, and Sohail Khan.

The couple got married seven months ago in Karachi. However, Ansha’s rukhsati was put on hold until September. Their valima ceremony will, however, be held in Islamabad on September 21.