Islamabad:
A member of a constitutional bench (CB) from the Supreme Court has noted that if anyone has committed a crime, it makes no difference whether his trial is carried out in a civil court or a military court.
On Tuesday, a seven member CB led by Justice Aminuddin Khan resumed that he heard the intra-legal appeals filed by the government against a former Supreme Court Recruitment declaring litigation from 9 May Upstanders in military court illegally.
During the hearing, justice observed Jamal Khan Mandokhail that those who commit a crime should be punished, no matter who they are. “What difference does it make whether a trial takes place here [in a civilian court] Or there [in a military court]? “He asked.
The lawyer of civil society, Faisal Siddiqi, exempted the observation stating that there is a huge difference between a lawsuit taking place in a civil court and the one taking place in a military court.
“One of them is a fair trial; the other is not,” he argued. Justice Mandokhail noted that all forums are available under the law and that everyone is respectable.
Faisal Siddiqui stated that the Supreme Court of the FB Ali case had said that where the defense of Pakistan is in danger, civilian litigation may in military courts. However, the cases related to May 9, 2023, vandalism involved.
Earlier, Justice Muhammad Ali Mazhar asked about the number of people released from military courts. Faisal Siddiqui declared that a total of 105 accused, 20 of whom had been released.
The extra law lawyer clarified that 20 people were initially released, followed by another 19, still leaving 66 accused in prison.
Faisal Siddiqui also noted that in the United States it is usual to give both parties the right to propose a judgment at the end of arguments. He added that if the argument is that a court match should take place, then there are also alternatives available.
After Siddiqui concluded his arguments, Abid Zuberi argued, the lawyer, who represented former Supreme Court Bar officials, that the Attorney General of Pakistan had assured that the right to a fair trial would be maintained. CB resumes to hear the case at. 9:30 today.
A day earlier, CB had asked what would be the status of the case for the military courts, which hold litigation with dozens of May 9, rebels if the cases against them are transferred to ATCs.
During the arguments, Faisal Siddiqi had noticed that if his argument was accepted, Pakistan Army Act, 1952 would remain intact, but the trial of May 9, which was accused would be invalid.
“If the trials are canceled, the cases that military courts have not yet decided will be transferred to the ATCs, while cases where judgments have already been executed will be considered ‘past and closed transactions’,” Siddiqui told the bench.