Govt seeks more time for stance on right to appeal for May 9 convicts

ISLAMABAD: Attorney General for Pakistan (AGP) Mansoor Usman Awan on Monday requested more time from the Supreme Court’s constitutional bench hearing cases concerning the military trials of civilians to present government’s stance on granting appeal rights to those convicted for their alleged involvement in the May 9, 2023 arson attacks.

Headed by Justice Aminuddin Khan, a seven-judge constitutional bench had fixed Monday’s hearing for the AGP to apprise the court about government’s plan to provide right to appeal to the May 9 convicts, after Additional Attorney General (AAG) Chaudhry Aamir Rehman at the previous hearing had informed the bench that the AGP was busy in deliberations with stakeholders, which may take another couple of days.

The bench had taken up a set of 38 intra-court appeals (ICAs) moved by the federal government, provincial governments, Shuhada Forum Balochistan and others against the October 2023 judgement.

Attorney general cites canals controversy, regional tensions as reasons for delay

The next hearing date is May 5.

The AGP explained that the issue of giving the right to appeal to those convicted by the military courts was a policy matter and that he could place any submission before the constitutional bench only after taking proper instructions from the federal government.

Civil system failed?

During the hearing, Justice Jamal Khan Mandokhail observed that the court had to examine the matter only relevant to the case, though parliament could even take a policy decision that the civil system had failed and send all cases to military courts.

The AGP explained before the constitutional bench that he would advance arguments on three points since senior counsel Khawaja Haris Ahmed who was representing defence ministry had almost covered other points related to the case. Mr Awan explained that he would first provide some details about the May 9 incidents, then dilate upon the assurances he had given to SC at the previous hearing, and lastly his arguments would be about the right to appeal to the May 9 convicts.

Explaining that extending the right to appeal to those who faced military trials was a policy matter, he apprised the court that he could only place the submissions before the court after taking proper instructions on it.

The AGP said the controversial canals issue cropped up and then everyone’s attention was on the prevalent faceoff between India and Pakistan in the wake of Pahalgam terrorist attack. He said he was scheduled to depart for the International Court of Justice (ICJ) on Monday but the visit had been cancelled.

When Justice Mohammad Ali Mazhar inquired how much time the AGP would take, he replied that he might take at least 45 minutes.

Earlier in 2023, the AGP had sought time to seek federal government’s instructions regarding provisions of right of appeal to the then accused civilians against the judgement issued in their trials before the independent court.

In addition, the AGP had also assured the bench then that no offence entailing death penalty or a lengthy sentence would be made against any detained civilians.

Also, he had said the accused would have the right to appoint private counsel of their own choice for their defence, family members and legal team of the accused civilians will be allowed to attend the trial proceedings, evidence will be recorded at the trial of the accused under the law and procedure applicable to the criminal courts of ordinary jurisdiction besides the judgment delivered in the trial of the accused will be supported by reasons.

Published in Dawn, April 29th, 2025