In the Civilians trial case, the constitution bench has summoned all FIRs registered regarding May 9 and 10.
Thursday, December 12, 2024
Islamabad (News International / Pakistan News - 12th December, 2024) The Supreme Court Constitutional Bench, while summoning all the FIRs registered regarding May 9 and 10 in the Civilians Trial Case, has raised the question of how a person who is not in the Armed Forces can come under its discipline. According to the details, a 7-member Constitutional Bench of the Supreme Court headed by Justice Aminuddin Khan heard the intra-court appeals against the decision of the Military Courts. During the hearing, the federal government’s lawyer Khawaja Haris gave arguments, while Justice Musarrat Hilali raised the point that ‘copies of the FIRs of the persons detained by the special courts were not given’, along with this, the Constitutional Bench summoned all the FIRs registered regarding May 9 and 10.
Continuing his arguments, Khawaja Haris said that ‘the court decision in the Special Courts case consists of 2 parts, in one part the provisions of the Army Act were declared null and void’, Justice Jamal Khan Mandokhel remarked that ‘the entire case regarding the Special Courts revolves around Article 8’, Justice Muhammad Ali Mazhar inquired that ‘did the 5-member bench declare the provisions of the Army Act to be in conflict with Article 8? What justification was given in the decision for the provisions of the Army Act to be in conflict with Article 8?’.
Justice Jamal Khan Mandokhel said that how can a person who is not in the armed forces come under its discipline, to which the federal government’s lawyer Khawaja Haris replied that if the law permits, then discipline will be applied. Justice Jamal Khan Mandokhel remarked that ‘If a person is in the army, military discipline will apply to him, if a person is in the agriculture department, the discipline of the agriculture department will apply to him, if a person is not in any department at all, how will the discipline of the armed forces apply to him? Wouldn’t bringing an unrelated person under discipline be a violation of Article 8?’ In response, the federal government’s lawyer Khawaja Haris said that ‘In certain circumstances, the Army Act also applies to civilians, there is a court decision of the Supreme Court on this point.’
Justice Muhammad Ali Mazhar remarked that ‘this is what was declared in the FB Ali and Sheikh Riaz Ali case, 4 judges nullified the provisions of the Army Act in the decision’, to which Khawaja Haris said that ‘the court does not have the authority to nullify the provisions of the Army Act’, Justice Jamal Khan Mandokhel remarked that ‘in this way, if someone thinks of inciting, the Army Act will also apply to him, hasn’t the Army Act rendered Section 1 of Article 8 of the Constitution ineffective? Can the Army Act be applied to civilians?’.
Lawyer Khawaja Haris took the position that ‘Article 10A of Fair Trial is also present in military trials’, Justice Muhammad Ali Mazhar said that ‘Intra-court appeals against the military court decision are being heard here, first identify the defects in the court decision’, Justice Jamal Khan Mandokhel said that ‘The constitutional bench can also examine the constitutional point in intra-court appeals’, Justice Muhammad Ali Mazhar said that ‘I do not disagree with the observation of the brother judge, however, it is also necessary to identify the defects in the decision’.
Justice Jamal Khan Mandokhel remarked that ‘the highest office in Pakistan is that of the President of Pakistan. If there is an attack on the President’s House, the accused will be tried in the Anti-Terrorism Court. If there is an attack on army property, the trial will be held in the Military Court.’ To which Khawaja Haris said, ‘This decision has been made by the legislators through legislation.’ On this occasion, Justice Musarrat Hilali inquired, ‘Is a lawyer allowed in a military court trial? Is all the material provided to the accused in the military court?’
The federal government's lawyer told the bench that 'in the military court, the accused is provided with a lawyer and all relevant materials.' Justice Jamal Khan Mandokhel asked, 'If a soldier kills his officer, where will the case proceed?' To this, Khawaja Haris said, 'The murder case will proceed in a general court.' Justice Jamal Khan Mandokhel ruled that 'How can a person who is not a subject of the Army Act be deprived of fundamental rights?' Later, the Supreme Court adjourned the hearing of the military court case until tomorrow.
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