Justice Aminuddin Khan, the leader of the constitutional bench of the Supreme Court, agreed with the argument that the lawyer submitted to the Ministry of Defense that the declaration of different provisions in the army acts as invalid was not the right decision.

The seven-member constitutional bench held the 46th consultation of the intra-court appeals against a former judgment of the Point Court that prevented military courts from trying civilians. The Ministry of Defense’s lawyer Khawaja Haris continued his return to the arguments from the other side.

Haris said the court’s martial arts was not a matter of the army ego, rather it was in the national and security interest. Haris claimed that the legislation was the right of parliament, which would decide the extent of the jurisdiction of a particular law.

During the procedure, justice noted Jamal Mandokhail that the very purpose of the Army Act was to keep the discipline in the forces. However, Haris said it was the power of Parliament to legislate and decide who a particular law was to be used.

Justice Mandokhail noted that the constitution was above parliament and that parliament had to move under and according to the Constitution. Haris replied that things should be examined in a wider and collective ambition of the constitution instead of focusing on a particular clause.

He again emphasized that it was the power of Parliament to decide on the implementation of a particular law in a particular situation. Justice Mandokhail asked if parliament could expand the army law, Haris said the question was not yet in court.

“At least we agree with you on Article 8 (5) of the Constitution,” Justice Mandokhail observed. Justice Aminuddin Khan noted that the judgment discussed was not correct in the scope of section 2/1-d and “I agree with the lawyer” at this point.

When he was sitting on the bench, Justice Musarrat Hilali said her question, whether the ‘military courts were the same as provided by Article 175 of the Constitution, remained unanswered. Haris said he would focus on Article 8 and answer the most important question regarding lawsuits against civilians in military courts.

The court heard this case almost daily for last more than a month, but postponed the procedure for April 7, 2024. Justice Aminuddin Khan wrote in his order that the bench was postponed for three weeks due to the judges’ inaccessibility on the most important seat in Islamabad.