The Supreme Court (SC) hearing intra-court appeals against the civilian trial in the military courts sought a detailed report of the accused persons who were declared innocent in the May 9 cases.
A 6-member larger bench headed by Justice Aminuddin Khan including Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Musrat Hilali, and Justice Irfan Saadat Khan heard the case.
Justice Aminuddin Khan inquired whether any of the accused had been released or could be released in the May 9 cases, to which, AGP apprised the court that the trial had been completed but the verdicts had not yet been pronounced.
The AGP further stated that certain suspects’ arrest periods would be part of their sentences because the Supreme Court’s stay order prevented judgments on their release.
Lawyer Salman Akram Raja said that there is no restriction on the decision to release the accused.
Justice Aminuddin Khan remarked that legal action against the other accused would continue but those accused who are eligible for release should be released.
The lawyer of the Khyber Pakhtunkhwa government requested the SCP division bench to withdraw the KP government appeal.
According to Justice Ameenuddin, he could not return the appeal on the resolution of the provincial cabinet. It would be appropriate to file a formal application to withdraw the appeals.
Khawaja Ahmad Hussain, counsel for the petitioner Justice (retd) Jawad S. Khawaja, objected to the members of the bench. He said that 103 accused are in custody, and their families want to join the court proceedings, and prayed the court may allow the families to watch the hearing.
In response, Justice Aminuddin said, “Where will they be seated? The courtroom is full.” Coming to court is not opposed; let’s investigate their case.
