Islamabad:
A constitutional bench (CB) from the Point Court has suggested to conclude a case with regard to trial against a group 9 May rebels in military courts in the next two hearings.
A seven member CB led by Justice Aminuddin Khan on Tuesday resumed the hearing of the Intra Court of Justice appealed against SC’s order in October 2023, and canceled on May 9, accused by military courts.
Khawaja Haris, the lawyer of the Ministry of Defense, continued his arguments in support of military courts and claimed that the crimes committed on May 9, 2023 after the arrest of former Prime Minister Imran Khan, were against the interests of the state.
Justice Jamal Khan Mandokhail noted that any violation of the law is against the interests of the state as all crimes go against the state’s interest.
With reference to last month’s hijacking of Jaffar Express in Balochistan, he asked if the train event was not against the state’s interest. He added that the primary role of the armed forces is defended by Pakistan, which apparently suggests that it was not its job to carry out attempts.
Khawaja Haris replied by asking how the armed forces could defend the country “when their legs are pulled from behind”. Justice Mandokhail stated that this was not a question of emotional reactions.
“It’s about national security. If a police officer is stationed outside the court to make sure no armed person comes in and he goes away for five minutes, it would be a breach of discipline. Isn’t that a matter of state security?” He asked.
Justice Mussarat Hilali, while noting that she feared the media could distort her comments, asked if it was possible to deprive a citizen of his fundamental rights through simple legislation.
“Should civilians not be prosecuted by military courts through a constitutional amendment?” She asked and added that in India there is an independent forum available to submit appeals against orders from military courts.
Justice Muhammad Ali Mazhar asked if the definition of civilian offenses is included in the Pakistan Army Act, 1952. 4.
“Does this mean that civilians are now out of the framework of the Pakistan Army Act? Does the Supreme Court’s decision on October 23 means that no civilians can now be tried according to the law?” He asked.
Haris answered affirmatively. “I think that’s the effect of the Supreme Court’s decision,” he said.
Justice Mandokhail said it is clear that if a technician works for the army and commits an offense during this time, he will face a military trial. But if this technician works elsewhere a year later, civil law would apply.
The judge noted that Haris had not yet answered his question about which article in the Constitution carries out military courts, as military courts are not covered under Article 175. “The hearing will be resumed today at 11:30.
