Islamabad:
The Constitution Bench of the Supreme Court, rejecting the plea to allow the military courts to pronounce the verdicts, adjourned the hearing of the appeals against the annulment of the trial of the civilians till tomorrow.
A seven-member constitutional bench headed by Justice Aminuddin Khan conducted the hearing. Justice Jamal Khan Mandukhel said in his remarks that we request all the lawyers to help us in completing this case.
Defense Ministry lawyer Khawaja Haris said it is wrong to say that civilians cannot be tried in military courts, the Army Act is also applicable to the employees of private companies working with the armed forces.
Justice Jamal Mandukhel said that they are a different type of civilians who work in ordnance factories etc. Khawaja Haris said that yes, the Army Act only talks about the category of civilians. Justice Muhammad Ali Mazhar said that your case does not fall under this provision of the Army Act.
Justice Musarat Hilali inquired that when the Corps Commanders use their house as an office, do they declare it as an office? How true that the idea came later that the Corps Commander’s house was also his office. Lawyer Khawaja Haris said that I am not going towards any such notification.
Justice Naeem Afghan asked how the anti-terrorism courts handed over the accused to the military. Is there any reasoned order of ATC Courts? You should note down this question and definitely answer it at the end.
Lawyer Salman Akram Raja said that we also have objection to some parts of the judgment written by Justice Muneeb Akhtar, we will give arguments on it.
Justice Hasan Azhar Rizvi inquired that how was the trial of those who attacked APS? Defense Ministry lawyer Khawaja Haris said that the 21st amendment was passed after which the trial took place. Justice Jamal Khan Mandukhel remarked that at that time, the constitution was amended to allow trials against civilians in military courts.
While talking to Niazullah Niazi, Justice Musrat Hilali said, “Are you being met?” Niazullah Niazi said that yes, the meeting is taking place, due to the decision of the Supreme Court, there are two or four issues with the hostage situation.
Justice Aminuddin Khan stopped Hafeezullah Niazi and said that you should not speak here.
The Additional Attorney General said that the trials in the military courts have been completed, so the military courts should be allowed to pronounce the trial verdicts.
Justice Musrat Hilali said in his remarks that we cannot do this, if we do this, then the civilian trial authority of the military courts will be resolved, so we cannot do this.
