Islamabad ‘:
The constitutional bench (CB) from the Supreme Court noted on Wednesday that how an institution could hear a case when the institution itself was the complainant when the judges raised the inquiry, whether the federation and the provinces trusted their own institutions.
A constitutional bench of seven-members, led by justice Aminuddin Khan, heard the intra-Court appeal against the point of view of the Tip Court, which declared the military trial against civilians as invalid. During the hearing, the court heard the lawyer of Pakistan (AGP).
The bench also included justice Jamal Khan Mandokhail, Justice Mussarat Hilali, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Shahid Bilal. AGP Mansoor Awan appeared in court.
AGP said there was a complete procedure for the trial before the court, adding that the entire record was with the court on how a military trial was carried out. He explained that if anyone was sentenced to death, the decision would not be implemented until the appeal against it was decided.
Justice Mandokhel said the appeal was a fundamental right, adding that the fundamental rights were available in the constitution. Then he asked AGP if there was the right to appeal at the moment.
Justice Mazhar asked AGP if the court gave any right to a fair trial, what was the problem. Justice Mandokhail noted that when the institution itself was the complainant how it could hear the case.
AGP replied that when Khawaja Haris ends his arguments in the case, he would try to end his arguments as soon as possible. Later, the court postponed further consultation of the case until Thursday (today).