Court martials in Britain are not conducted by military officers, but by judges appointed on the lines of the High Court, Salman Akram Raja
Thursday, February 13, 2025
Islamabad (News / Pakistan Point News - NNI. 13th February, 2025) During the hearing of intra-court appeals against civilian trials in special courts in the Supreme Court, Justice Musarat Hilali remarked that the limit was set on May 9, now you have remembered your fundamental rights. On Thursday, a 7-member constitutional bench headed by Justice Aminuddin Khan heard the case, during which Salman Akram Raja, the lawyer of accused Arzam Junaid, gave arguments.
Justice Musarat Hilali asked whether you admit that the crime of May 9 was committed, to which Salman Akram Raja replied roundly and said that I will tell the court about it. Salman Akram Raja said that the bench had raised the question of granting the right to appeal against court martial in India. In Britain, court martials are not conducted by military officers, but by judges appointed on the lines of the High Court. The commanding officer can refer the case to an independent forum only if it is a serious case.
Justice Aminuddin Khan said that we have to look at our law, not that of Britain, this is an unnecessary discussion and you are wasting time. Justice Mussrat Hilali said that in the appeals under hearing, a request has been made to restore the repealed provisions, if the provisions of the law are to be reviewed, international laws should also be looked at. Justice Jamal Mandokhel said that the real question in the case is whether a civilian can be court-martialed under the current system or not.
Salman Akram Raja said that a court-martial of civilians is not possible in any case. Justice Muhammad Ali Mazhar said that British law is related to the discipline of the army there, in the present case, the crime was committed by ordinary citizens, how can it be applied to it? Salman Akram Raja said that the example of British law was given in the context of the trial being free and transparent. Justice Mussrat Hilali asked whether you admit that the crime of May 9 was committed as soon as Salman Akram Raja answered, roundly saying that I will tell the court about it.
Justice Musarat Hilali said that the limit was set on May 9, now you have remembered your fundamental rights. Salman Akram Raja said that the accused have the right to an independent court and a fair trial. Justice Aminuddin Khan said that for a fair trial, you have to go beyond Article 83. Justice Jamal Mandokhel said that you should not make assumptions. Justice Muhammad Ali Mazhar said that it is not like this that someone will be caught and tried in a special court. Even in a normal FIR, the accused is caught on mere allegations. The old law of the Official Secrets Act was only against espionage. New crimes have been added with the amendment to the Official Secrets Act. Justice Jamal Mandokhel said that may God forgive Justice Azmat Saeed, he wrote the decision of the 21st Constitutional Amendment. Salman Akram Raja said that a gentleman should say that I have retired, therefore the Army Act does not apply to him. Justice Jamal Mandokhel said that the ordinance is not related to members of the Armed Forces. Salman Akram Raja said that there has never been a review in 21D, this is the first time we are doing it.
Justice Jamal Mandokhel said that you should read 185, many things are clear in it. Salman Akram said that we have to see what impact the clause that is being added can have in the future, because of one clause, civilians are being taken to military courts, the entire framework has become different from the 1962 Constitution. Justice Aminuddin said that the amendment that was made in this law was correct.
Salman Akram said that I will not do anything else today, I will just clear the court on this matter, if you want us to sleep at night, keep this in mind, after the constitutions of 1962 and 1973, the situation is very different today. Justice Mussrat Hilali asked what was the impression for the military court. Salman Akram said that the impression of the military court is that no one who goes there can escape, there is no greater crime than treason, we do not say in Article 6 that there is no right of appeal, even in the case of treason, three judges of the High Court decide. Justice Jamal Mandokhel said that this means that the fault lies with the system. Salman Akram said that there is a right to a fair trial in due process all over the world, the first condition for a fair trial is the independence of the judiciary. Justice Mussrat Hilali said that at the time of the 21st Amendment, your party had supported military courts. Salman Akram Raja said that he did wrong at that time. Justice Jamal Mandokhel said that the point in the 21st Constitutional Amendment was that it would not apply to political parties. Later, the hearing of the intra-court appeal was adjourned until February 18. Salman Akram Raja will continue his arguments at the next hearing.
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