ISLAMABAD: Supreme Court of Pakistan, hearing against military courts, conditionally allowed military courts to deliver reserved judgments.
A six-member larger bench, led by Justice Aminuddin Khan and including Justices Muhammad Ali Mazhar, Hassan Azhar Rizvi, Shahid Waheed, Musarat Hilali, and Irfan Saadat Khan, heard the case.
At the onset, Attorney General of Pakistan (AGP) Mansoor Usman Awan informed the court about the potential release of 15 to 20 accused from the special courts.
AGP informed the court that those acquitted or with lighter sentences would be released with certain concessions, with a total of 105 individuals currently held by the army.
He outlined a three-stage process for their release: first, the pronouncement of reserved judgment; second, its confirmation; and third, the granting of concessions by the Chief of Army Staff.
AGP urged the court to permit the special courts to deliver reserved judgments, albeit subject to the final decision on appeals, as noted by Justice Aminuddin Khan.
Justice Hassan Azhar Rizvi requested the names of those to be released, to which AGP responded that names couldn’t be disclosed until verdicts were received from the special courts, adding that individuals with one-year sentences would be exempted.
In the courtroom, Barrister Aitzaz Ahsan expressed disappointment with the AGP’s statements.
Lawyer Faisal Siddiqui remarked that if these cases were in civilian courts, the accused would likely have been released by now, citing lack of evidence.
Justice Muhammad Ali Mazhar questioned the possibility of transferring cases to Anti-Terrorism Courts (ATC), highlighting the absence of penalties less than 14 years in anti-terrorism laws.
Faisal Siddiqui argued that in an ATC, bail would likely have been granted by now due to insufficient evidence.
Justice Shahid Waheed inquired about provisions in the First Information Report (FIR), to which AGP mentioned the imposition of Official Secrets Act and Anti-Terrorism provisions.
Justice Shahid proposed granting bail and suspending sentences, prompting AGP to clarify that sentence suspension required the initial pronouncement of the sentence.
Meanwhile, the Supreme Court granted conditional permission for military courts to deliver reserved verdicts, emphasizing that judgments should only be delivered in cases where release before Eid is possible. AGP assured legal concessions for those with lighter sentences, subject to the final decision on appeals.
The Supreme Court directed AGP to submit an implementation report to the registrar, scheduling further hearings for the fourth week of April.
Faisal Siddiqui cautioned against potential re-arrests under Maintenance of Public Order (MPO) following release.
