Pakistan govt assures apex court that May 9 violence suspects will not face death penalty

The Pakistan federal government on Friday provided assurance to the Supreme Court that individuals convicted of involvement in the May 9 violence would not face the death penalty. However, they requested additional time to consider the possibility of granting a proper right of appeal against decisions made by military courts, reported Karachi-based Dawn news outlet.

“This requires careful consideration in view of serious implications for having a direct bearing on cases like that of Indian spy Kulbhushan Jadhav or individuals held under the charges of espionage [and] declared enemy of the state,” Dawn quoted the Attorney General (AGP) for Pakistan, Mansoor Usman Awan, as he told the bench hearing challenges to the trial of civilians by military courts.

Kulbhushan Jadhav is an Indian national who is currently facing the death penalty in Pakistan. He has been accused of engaging in espionage and sabotage activities against Pakistan, allegedly acting on behalf of India's intelligence agency. However, India has consistently refuted these allegations. 

When inquired about the required duration, the AGP proposed a one-month period to thoroughly examine the matter considering international implications, among other aspects.

What will happen after govt tenure ends?

Justice Munib Akhtar highlighted that the National Assembly's tenure would conclude within a month, leading to the formation of a caretaker arrangement.

The AGP responded by suggesting that the necessary legal provision could be established through an ordinance and provided assurance to the court that the trial of 102 suspects held in military custody would not begin without prior notification to the Supreme Court.

“You are making the statement that the government is inclined to consider the appeal aspect for the civilians being tried under the Pakistan Army Act (PAA) since this involves legislation,” obser­ved Chief Justice of Pakistan (CJP) Umar Ata Bandial while heading the six-judge bench.

“We will note down the government assurance in the court order that no trial will commence as well as the decisions of the trial court will come with reasons, evidence will be recorded and that the hearing will take place in an open court,” he said.

The AGP, however, made it clear that both the family members of the suspects and a team of private counsel representing them would have access to the trial proceedings.

He further explained that the suspects had been held in military units rather than with hardened criminals, and he dismissed the notion that they were housed in small cells under inhumane conditions.