ISLAMABAD, March 28 (Online): Supreme Court (SC) while accepting Attorney General (AG) plea has conditionally allowed military courts to announce reserved judgments . In such cases decisions be announced where the nominated accused can be released before Eid.
The court directed AG to file implementation report with the registrar .
The court has also accepted the plea of KP government for withdrawing appeal pleas. KP government had requested for withdrawing appeal pleas’A six-member larger bench, headed by Justice Aminuddin Khan and comprising Justice Muhammad Ali Mazhar, Justice Syed Azhar Hasan Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali and Justice Irfan Saadat Khan, took up the appeals for hearing .
During this the AG showed the possibility of releasing 15 percent to 20 percent accused by special courts.
The AG informed the court that acquittal related and those with less punishment will be released by granting them concession. Overall 105 accused are in the custody of army.
We will have to pass through three phases in connection with release of the accused. First phase is announcing the reserved judgment and second phase will be its endorsement. The third phase will be grant of concession by army chief to those who have been awarded lesser sentences.
The AG requested the court to allow military courts to announce the reserved judgment.
Justice Aminuddin Khan remarked if we give permission it will be linked to final decision of the appeals.
Justice Hasan Azhar Rizvi remarked tell us the name of those who have to be released.
The AG said he cannot tell the name unless the decisions come from special courts. Those whose punishment is one year will be given concession.
Barrister Aitzaz Ahsan who was present in the court room said what AG has said has led to disappointment.
The counsel Faisal Siddiqui said had these accused been in courts set up under ordinary law , they would have come out so far.
Justice Muhammad Ali Mazhar inquired you want to get run the cases in Anti Terrorism Courts (ATCs). In ATCs punishment is not less than 14 years.
Faisal Siddiqui said had there been ATC, the accused would have been bailed out so far. There is no evidence at all in these cases.
Justice Shahid Waheed inquired what clauses have been imposed in FIR.
AG told official secret act and anti terrorism clauses have been imposed.
Justice Shahid Wahid remarked then as to why should not we grant the accused persons bail. As to why we should not suspend the sentence of these accused.
AG said punishment will have to be announced before suspending it. Bail can be granted when the court says law cannot be implemented.
Later the court conditionally allowed military courts to announce reserved decisions.
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