Monday, June 19, 2023

Pakistan's military courts

Karachi attorney Arsalan Raja writes here in the Pakistan Observer that civilians cannot be tried by court-martial. Excerpt:

Section 24-A of General Clauses Act, 1897, casts an affirmative duty upon “authorities” to pass an order or judgment with reason by giving all parties a transparent opportunity to present their submission in “accessible Courts”. It is an undeniable fact that military Courts located in cantonment areas does not have easy access to public or media, which itself is a breach of Article 19-A (right to information) and 10-A (right to fair trial) of the Constitution. It is worth mentioning that the High Courts have issued verdicts, with strong observations over the manner in which the Military Courts conducted the trials. It is a matter of record that High Courts have set aside more than 200 convictions in the past, which were awarded by the Military Courts. Trial under army act are required to be public in terms of Article 19-A (right to information) and 10-A (right to fair trial) of the Constitution.

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