Justice Jamal Khan Mandokhail of the Supreme Court (SC) has observed that the Army Act applies only to military personnel.
He emphasized the importance of ensuring fundamental rights and justice for army officers, Express News reported.
A seven-member Constitutional Court, headed by Justice Aminuddin Khan, heard the case of military courts.
Defense Ministry lawyer Khawaja Haris presented his arguments as the session continued.
The bench comprises Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.
Justice Mandokhail questioned the trial mechanisms of military courts and asked for clarification of their procedures.
“Does the commander overseeing trials have the expertise to issue a death sentence?” he asked.
Judge Musarrat Hilali also expressed doubts, stating: “The officer presiding over the trial does not pass the sentence. Instead, the case is forwarded to a presiding officer who decides without hearing the trial. How can someone who is not involved in the hearing make a fair decision?”
Judge Jamal Mandokhail remarked, “I have spent 34 years in this field and still do not consider myself accomplished. Does the military officer presiding over trials have the necessary experience and expertise to pass a death sentence?”
Defense lawyer Khawaja Haris responded, saying: “The procedure for military trials will be fully explained in the second part of my arguments.”
Justice Mandokhail further observed, “The Army Act applies only to the military. We have to consider whether military officers are accorded fundamental rights and justice.”
Justice Musarrat Hilali raised a critical question and asked, “Please also clarify who writes the decisions in military courts. As far as I know, the case is heard by one officer, but the punishment or reward is decided by the commanding officer. How can someone who has not heard the case, determine the outcome?”
The Ministry of Defense lawyer explained: “The decisions were written with the assistance of the Judge Advocate General (JAG) department.
