The Supreme Court in Pakistan has resumed hearings on a high -profile case that has challenged the legality of trying civilians in military courts where judges raise serious concerns about the proper process and legal independence.
A constitutional bench of seven members, led by justice Aminuddin Khan, heard petitions against the military lawsuits against civilians arrested after violent protests.
Justices Jamal Khan Mandokhail, Musarrat Hilali, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Naeem Akhtar Afghan and Shahid Bilal were also part of the bench.
Justice Mandokhail questioned how an institution that has served as a complainant can also president for the trial. “How can an institution that has been the complainant in itself, also hear the case?” he noticed. “Has the Federation not entrusted to his own civil judgment?”
The court focused on whether those tried in military courts have been given the constitutional right to appeal and trial. “We have asked about the right to appeal because it is a basic right,” justice Mandokhail noted.
Justice Hilali pointed out how criticism is intensified when civilian courts delay the procedure. “If a judge continues, it becomes a national question that litigation is delayed,” she said and highlighted a perceived double standard.
Attorney General Mansoor Usman Awan showed up for the bench and defended the military court process. He said the justice system follows a defined legal structure and any death sentence has not been implemented until appeals are exhausted. “The whole procedure is already registered with the court,” he said.
Justice Mazhar said there should be no problem with allowing fair attempts. “If we provide right to fair trial, what is the problem?” He asked.
The bench also revised opportunities that were previously discussed by a full court after the 18th constitutional amendment.
Justice Mandokhail asked the lawyer to explain which of these three options the government has been pursuing.
The rice attorney said he will respond after drawing Khawaja Haris concludes his arguments. The court postponed the hearing until Thursday.