May 9 case in Pakistan adjourned sine die

The Nation has this detailed account of the latest hearing in the May 9 case before the Supreme Court of Pakistan. Excerpt:

The attorney general said that proceeding will be held in open court but only the family members and the counsel will be allowed. He told that the protesters are being kept in room and not in hardened or inhuman condition, and all facilities are accorded, which are given to a person in the detention. The Chief Justice questioned, is it possible that group of lawyers can visit them. The attorney general responded that it may not be possible. The chief justice said, “We appoint a retired judge to visit them and examine the condition whether that is fair and in accordance with the law.” The attorney general asked the bench to grant one month to deliberate on the providing appeal, saying there is an international aspect and the many complications involved. Justice Munib [Akhtar] said the tenure of National Assembly is ending in August then how it can pass the law. Chief Justice Umar Ata Bandial cautioned Attorney General for Pakistan “that there should be no trial of persons, and if he goes against his words then we will call the concerned person.” He, however, expressed satisfaction over the cooperation of the government regarding the instant matter. He asked the petitioners’ lawyers to relax as no trial has commenced. Reacting to Sardar Latif Khosa’s remarks, the Chief Justice said: “This is not Zia ul Haq’s era and no Martial Law in the country.” He added, “If Martial Law like situation arises then we will interfere.” Earlier, Khosa, representing Aitzaz Ahsan, one of the petitioners, stated whatever has been happening in the country today had taken place during the tenure of former military dictator Zia ul Haq. He said that still the list of 102 persons has not been provided. He said there is concern of due process, fundamental rights of the persons in custody. Later, the bench deferred the hearing of the case without notifying the next date.

Global Military Justice Reform will continue to monitor developments in this landmark case. The trial of civilians by military courts is strongly disfavored under international human rights jurisprudence.