Islamabad:
The Constitutional Bank of the Supreme Court was informed on Thursday that the trial of a defendant in the case of attack of the 2009 general headquarters (GHQ) had been carried out in a military court, even before the promulgation of the 21st amendment Constitutional.
A seven-member bank, led by Judge Aminuddin Khan, listened to the intra-Court appeals against the decision of the Supreme Court that declared the military trial of civilians involved in the incidents of May 9 as null and null.
During the hearing, Khawaja Haris, the lawyer of the Ministry of Defense, completed his arguments and then the lawyer of the former president of the Supreme Court Khawaja, one of the petitioners in the case, advanced his arguments.
At first, Judge Jamal Khan Commandkhail told the court his comments during an hearing on Wednesday about “not accepting” the decision had created some confusion, and added that he wanted to clarify that he did not mention the judges, but meant some people.
Judge Hassan Azhar Rizvi wondered if the crimes committed during the violent nationwide disturbances on May 9, 2023 were more serious than terrorist incidents.
Judge Rizvi commented that the attacks of the Mehran Base and the Kamra base were mentioned in the 21st amendment. “Where was the trial of those who attacked GHQ (general headquarters)?” asked. “Two Orion aircraft worth billions of rupees were destroyed [in the Mehran base attack]; Is the crime of May 9 more serious than these incidents? “
Lawyer Haris said that all the perpetrators of Mehran’s base attack were killed.
“Then, after they died, was there no investigation on who they were, where did they come and how did they come? Did the archive of the Mehran base attack be closed after the terrorists were killed?” Judge Rizvi asked.
The lawyer Haris responded by saying that an investigation must have been conducted. “The case of the GHQ attack occurred in the military courts and took place before amendment 21”.
Judge Rizvi commented that the amendments were made based on these attacks and asked: “What happened to the defendants in the attack on the base of Kamra? When did they have a trial?”
Lawyer Haris said he would inform the court after taking instructions and completing his arguments.
Judge Rizvi said that the decision on the amendment 21 had mentioned 16,000 different attacks from 2002 to the promulgation of the amendment, in which the personnel published in sensitive places was martyred. If all these incidents will be judged in the military courts or in the anti -terrorist courts, he asked.
Haris responded that the GHQ attack case was held in the Military Court. He added that all the terrorists who attacked the Mehran Air Base were killed in the spot; Therefore, there was no need for a military trial there.
Additional attorney general AAMIR, and Baluchistan’s government lawyer adopted the arguments presented by the lawyer of the Ministry of Defense. After that, Khawaja Ahmed Hussain, the lawyer of the former president of the Supreme Court Jawad S Khawaja began his arguments.
