SCS Constitutional bench References Bajwa’s extension during military trial

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The Supreme Court in Pakistan on Tuesday referred to Former Army Chief (Ret.) Qamar Javed Bajwa’s service expansion while hearing a case of military lawsuits for civilians, and repeated the debate over former legal precedent.

A constitutional bench of seven members, led by Justice Aminuddin Khan, heard an intra-court appeal that challenged military courts’ jurisdiction over civilians.

During the procedure, Bajwa’s enlisting extension was cited as an example of legal changes driven by the court’s interventions.

Justice Naeem Akhtar Afghan noted that the former army chief’s extension had no legal support at the time and was only formalized by parliamentary legislation under the Supreme Court’s directives.

Justice Aminuddin Khan remembered the urgent about the case and said, “At that time, everyone sat for a single review. It was our state. “

The case saw lawyers question the legal status of military lawsuits for civilians.

Lawyer Uzir Bhandari, who represents former Prime Minister Imran Khan, claimed that military courts lack educated judges and fail to secure litigation.

He noted that even the right to appeal during military trial is limited to a mercy -pleasing to the army chief.

Justice Hassan Azhar Rizvi challenged this view and pointed to video visions of attacks on military installations, saying that security in such areas was under Army Control.

He suggested that military involvement justified litigation under the Army’s legal framework.

Justice Musarrat Hilali, who approached Bhandari, commented: “You argue for one thing, but your client says something else.”

She referred to Khan’s previous statements to negotiate only with those who keep power.

Bhandari refused to comment on his client’s comments and maintained his focus on the legal aspects of the case.

Under arguments, reference was made to India’s military justice system. Justice Aminuddin Khan noted that Indian law allows appeals to independent courts questioning whether such rights were legislated by parliament or mandate by the courts.

Justice Muhammad Ali Mazhar pointed to the case of KulbhusHhan Jadhav, an Indian citizen who was tried under Pakistan’s military justice system.

He reminded the court that Pakistan awarded Jadhav appeal rights only after the decision and subsequent legislation of the International Court of Justice.

Bhandari concluded his arguments and claimed that fundamental rights must be maintained in all litigation.

The Court postponed the case until tomorrow, with lawyer Faisal Siddiqui, who would present arguments in the following meeting.

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