PESHAWAR: The Peshawar High Court on Tuesday sought details from the provincial government about development in the cases pending before Supreme Court of Pakistan wherein trials of civilians by the military courts under the Army Act had been challenged.

A bench consisting of Justice Syed Mohammad Attique Shah and Syed Arshad Ali directed Khyber Pakhtunkhwa Advocate General Aamir Javed to submit all the order-sheets of the apex court in those cases within two days.

The bench issued the order while hearing a petition filed by around 30 of the suspects including Zahid Khan and others, arrested for firing at and protesting outside army centres and vandalising statues of war heroes in Mardan on May 9, challenging the inclusion of Army Act, 1952, in the FIR of the said occurrence and the decision to conduct their trial by a military court.

The bench also put on notice federal and provincial governments in an application filed by the petitioners, seeking interim relief that they should be set free on bail till final disposal of their petition.

Suspects challenge their trial by military court in Mardan rioting case

Senior advocate Shah Faisal Uthmankhel appeared for the petitioners and contended that 33 of the suspects arrested in connection with the May 9 and 10 incidents in Mardan had been in detention and seven of them were in custody of military authorities.

He argued that the government decision to try them under Army Act through a military court was illegal and unconstitutional.

Advocate General Aamir Javed opposed the petition and contended that identical nature petitions had been filed before Supreme Court wherein invoking Army Act for attacking on different military installations was challenged. He stated that it would be appropriate to adjourn hearing of the petition till final disposal of the petitions pending before the apex court.

Mr Shah Faisal contended that the petitions pending before the apex court and the one in the high court were different in nature.

He pointed out that the petitions before the apex court were mostly filed by senior lawyers and civil society members while the present petition in the high court was filed by the suspects, who were aggrieved persons as were arrested in connection with FIR No. 833 registered at City police station in Mardan.

He said that the present petition was specific in nature. “For how long these petitioners will remain behind bars if the petitions in the apex court cannot be decided in near future,” he questioned.

Mr Shah Faisal contended that they had also filed an application for interim relief and if the high court decided to wait for the outcome of the cases before the apex court then the petitioners should be released on bail as they would face their case whenever Supreme Court decided the petitions before it.

RESPONSE: The bench once again sought reply from government to a petition seeking constitution of a high powered joint investigation team to probe the incidents of violence across the province on May 9 and 10, killing of ‘innocent’ party workers of Pakistan Tehreek-i- Insaf (PTI) and several other related issues.

Mr Shah Faisal stated that during previous hearing, the court had sought reply from the government but so far it was not filed.

The petition is filed by Insaf Lawyers Forum provincial president Qazi Mohammad Anwar, requesting the court to issue order for constituting a joint investigation team (JIT) consisting of retired high ranking police officers, intelligence officers and forensic experts under the supervision of a sitting judge of the high court.

The petitioner has requested that the JIT should conduct an independent forensic investigation into May 9 and 10 protests to fix responsibility and unearth the hidden hands behind the destruction of government properties including Radio Pakistan Peshawar, Chaghi Monument and properties in Swat, Mardan and Swabi.

Meanwhile, the bench also sought details within three days from the provincial government about cases registered in the province against different PTI leaders including former federal minister Sheharyar Afridi, former speaker of National Assembly Asad Qaiser, his brother Aqibullah Khan, who is also a former MNA, and former president of PTI Peshawar Irfan Saleem.

These leaders have approached the high court through separate petitions, seeking details of cases pending against them. Sheharyar Afridi is behind the bars while the other three PTI leaders have been given protective bails by different courts.

Their lawyers stated that on political grounds multiple cases were registered against the petitioners so that if they were granted bail in one of the cases they could be re-arrested in another one.

They said that the petitioners might be informed about the total cases against them so that they could approach the relevant courts for getting relief.

Published in Dawn, July 12th, 2023