CB assessed by previous case of military trial

Islamabad:

The constitutional bench of the Supreme Court was informed on Thursday that the trial against an accused in 2009 -headquarters (GHQ) had been made in a military court even before the adoption of the 21st constitutional amendment.

A seven-member bench, led by Justice Aminuddin Khan, heard the Intra-Court appeals against the Supreme Court’s decision that declared the military trial of civilians involved in the May 9 events as invalid.

During the hearing, Khawaja Haris, the lawyer of the Ministry of Defense, ended his arguments and then lawyer for former Chief Justice Jawwad’s Khawaja, one of the petitioners in the event of, made his arguments.

From the start, justice Jamal Khan Mandokhail told the court that his remarks during a hearing on Wednesday about “did not accept” the decision had created some confusion and added that he would clarify that he did not mention judges but meant some individuals.

Justice Hassan Azhar Rizvi wondered if crimes committed under violent nationwide riots on May 9, 2023, were more serious than terrorist incidents.

Justice Rizvi noted that the Mehran base and Kamra -Basis attacks were mentioned in the 21st amendment. “Where was the trial against those who attacked GHQ (General Headquarters)?” He asked. “Two Orion -Fly worth the billions of rupees were destroyed [in the Mehran base attack]; Is the crime on May 9 more serious than these incidents? “

Attorney Haris said all perpetrators of the Mehran base attack were killed.

“So after they died, there was no investigation of who they were, where they came from and how they came? Was the file for the Mehran base attack closed after the terrorists were killed?” Justice Rizvi asked.

Attorney Haris replied and said that an investigation must have been completed. “The case of the GHQ attack happened in military courts and took place before the 21st change.”

Justice Rizvi noted that the changes were made on the basis of these attacks and asked, “What happened to the defendants in the attack on the Kamra base? When did they have a lawsuit?”

Attorney Haris said he would inform the court after taking instructions and completing his arguments.

Justice Rizvi said the decision on the 21st change had mentioned 16,000 different attacks from 2002 for the adoption of the amendment, where staff published in sensitive places were martyrated. Were all such incidents tried by military courts or in the courts against terrorism, he asked.

Haris replied that the trial against the GHQ attack case was held in the military court. He added that all terrorists who attacked Mehran Air Base were killed at the scene; Therefore, there was no need for a military trial there.

Further Attorney General Aamir Rehman and the lawyer of the Balochistani government adopted the arguments presented by the Ministry of Defense’s lawyer. Then Khawaja Ahmed Hussain, the lawyer of former Chief Justice Jawad’s Khawaja, began her arguments.

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