ISLAMABAD: The Supreme Court on Friday stopped the government from military court trials and directed it not to begin the trials without informing the apex court, Bol News reported.

The top court has adjourned the hearing indefinitely. Chief Justice Umar Ata Bandial said they would apprise about the next date after mutual consultation.

The petitioner lawyer said at the time of confessional statements the suspects neither had the facility of lawyer nor anything else. Aitzaz Ahsan said the government was trying to run from the case.

During the hearing, lawyer Latif Khosa gave reference from era of former military dictator Ziaul Haq. Upon which, the chief justice said neither it was a martial law, nor Ziaul Haq’s tenure.

The government sought one month time from the court for legislation regarding the military court trial. Justice Munib Akhtar said the assemblies had less than a month. How they would legislate, when they would not have the assemblies, he questioned.

The attorney general said they would legislate through the ordinance.

Lawyer Khawaja Ahmed Hussain said if the court had to give time to the government then it should give order not to begin the trials.

The CJP said the court would summon the relevant persons, if violation of the assurances was done. Latif Khosa said what military court could do justice, after press release of the formation and corps commanders conference.

At the onset of the hearing, the Attorney General read out Section 2(1) B of the Army Act, 2015 in court.

Army Act 2015 has given more emphasis on terrorist groups, Justice Mazahir Naqvi said. The Act also mentions persons, the Attorney General replied.

The Attorney General said there was no case of death penalty or fourteen years sentence in his knowledge. “What is the government’s case if it is not an offense punishable by death or fourteen years under Section 3A?” Justice Yahya Afridi asked.

Military installations are considered restricted areas, the Attorney General said.

If the investigation has not been completed, how can you guarantee which will be punished and which will not be? Justice Ayesha Malik queried.

All personnel in a military court, including the judge, take an oath of justice according to law, the Attorney General replied adding that at the conclusion of the trial, a decision is made as to whether or not the crime has been proven.

“The reasons for the punishments given to all the accused will also be recorded in the judgment. All the accused will be given the right to have a lawyer of their choice, the Attorney General assured the Supreme Court.

In military courts, it is said to consult an officer or judge advocate, Justice Mazahir Naqvi said.

May the court note my assurance that every accused will be given the right to appoint a lawyer of his choice, the Attorney General said. The court had also asked for an appeal against the judgments, he added. The accused can present new evidence in the appeal against the decisions of the military court, he maintained.

While, new evidence cannot be brought forward in appeals in civil courts, the Attorney General said.