Islamabad:

The Supreme Court on Friday questioned the distinction between the ApS Terroris attack in 2014 and the protests on May 9 and asked how the treatment of civilians involved in both events was different.

Justice Musarrat Hilali made the comments during the hearing of the case regarding the trial against civilians in military courts,

A constitutional bench of seven members, led by Justice Aminuddin Khan, heard the intra-court appeal against military attempts with civilians.

During the case, ex-Chief Justice Jawwad S. Khawaja’s lawyer, Khawaja Ahmad Hussain, argued for ordinary civilians not to be subject to the military act that applies only to civilian employees in the Pakistani armed forces.

Justice Hassan Rizvi asked if the Army’s action used attacks on air bases, while Justice Hilali repeated his concern about the various treatment of civilians in the ApS attack and 9 May protests.

Khawaja Ahmad Hussain explained that the ApS attack was an act of terror, which led to the 21st constitutional amendment. Justice Hilali noted that the victims of the ApS attack were all civilian children.

He maintained that although the May 9 suspects should be tried, their cases should not fall under military courts.

Justice Aminuddin noted that the judiciary has the authority to undergo any law contrary to the Constitution.

With reference to the Pakistani Army’s official May 9, Hussain questioned the justice of military litigation and argued that a victim cannot be both party and judge in the same case.

Justice Hilali replied that these arguments relate to the benefits of the case, while Justice Aminuddin called on the lawyer to focus on legal aspects rather than broader consequences.

Justice Mandokhail questioned the effectiveness of the 21st constitutional amendment establishing military courts for a four -year period asking if it had provided any concrete benefits.