Farooq Naeem—AFP
Petitioner Lt. Col. (retd.) Inamul Rahim has moved the Supreme Court against the convictions of 29 civilians by military courts during the ousted government of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, arguing they were in violation of the Constitution and thus have no legal effect.
The petition has made the former prime minister, then-Army chief Gen. (retd.) Qamar Javed Bajwa, then-ISI chief Lt. Gen. (retd.) Faiz Hameed as respondents of the case. It also includes the Federation of Pakistan through the secretary of the Ministry of Defense; the judge advocate general (JAG) of the Army; and the registrars of the Lahore High Court, Peshawar High Court, Sindh High Court, Balochistan High Court and Islamabad High Court as respondents.
Filed under Article 184(3) of the Constitution, the petition has requested the apex court to overturn the trial, conviction and sentences awarded to the affected civilians. It argues that the trials of 29 civilians under the Pakistan Army Act, 1952, as well as the Official Secrets Act, 1923, was in violation of Articles 4, 9, 10, 10-A, 25, and 175 of the Constitution, and as such these trials were null and void from their onset and had no legal effect. It argues that the trial of civilians under the Pakistan Army Act was triggered by an unconstitutional decision of the federal government headed by Khan with the facilitation of senior Army officials.
The petition further pleads the Supreme Court to place blame on Khan, Bajwa, and Hameed for the abduction and illegal detention of the civilians, adding criminal proceedings should be initiated against them for the alleged abuse of their powers, misuse of authority, and misuse of state machinery that resulted in the violation of the fundamental rights of citizens.
The petitioner has also sought directions for JAG—as custodian of records of all court martials conducts under the Pakistan Army Act—to submit a complete record of trials of civilians conducted under the legislation for the fair and just disposal of the present petition. Similarly, he has appealed for directions to the registrars of all high courts to provide a complete record of cases of all civilians tried under the Pakistan Army Act, in conjunction with the Official Secrets Act, pending before their respective high courts.
The petition has been filed while the apex court is hearing a series of petitions against the trials of civilians in military courts following the May 9 riots in which protesters—mostly affiliated with the PTI—are alleged to have attacked military installations, including the General Headquarters building in Rawalpindi and the Lahore Corps Commander’s house. Among the petitioners seeking a halt to the trials of civilians in military courts is the PTI chief, who has in the recent past repeatedly asserted such trials are a violation of citizens’ fundamental rights.