A member of the Constitutional Bank (CB) of the Supreme Court has observed that it is the work of Parliament to stop terrorism, and not of the Judiciary. On Monday, the lawyer of the Ministry of Defense, Khawaja Haris, continued his arguments before a CB of 7 members, listening to the intra-court appeals against the October 2023 order of the Apex Court, proscribing the May 9 trial in the military courts. Haris argued that if a civilian attacks a military installation or steals some military hardware as a tank, then the law of the army of Pakistan, 1952, the law that deals with the formation of military courts, will apply to that person. Judge Jamal Khan Commandkhail asked Haris if a first information report (FIR) would also be presented in such a scenario, since the question is about the trial of said accused.
"We want to know how fir [for such an attack/stealing] will be registered; Who will investigate the case and where will the trial be held?" Added. The lawyer of the Ministry of Defense replied that those who make laws [parliament] Will determine where the trial for the crime of attacking a military installation is celebrated. Haris added that under the Law of the Army of Pakistan, 1952, the Armed Forces have the right to arrest such attackers. Judge Muhammad Ali Mazhar said that it is a legal requirement to register a SIGN before arresting a defendant. Judge Syed Hasan Azhar Rizvi also reminded the lawyer who after an arrest, is also supposed to be presented before a magistrate. Judge Jamal Khan Commandkhail said that the courts are supposed to ensure that the trials are maintained in accordance with the Constitution.
"Controlling terrorism is the work of Parliament, not that of the Judiciary. The courts cannot operate if they begin to reflect on whether a verdict would result in reducing terrorism or increasing terrorist activities," Added. The CB will resume the audition of the case today. The country’s civil and military leadership decided to celebrate the trial of more than 100 of the people, who attacked and destroyed military facilities and commemorative monuments after the arrest of former Prime Minister Imran Khan on May 9, 2023 in military courts. Several petitioners questioned the move in the Supreme Court, whose largest bank of five members on October 23 annulled the trials of the military courts. The Bank, headed by Judge Ijazul Ahsan, and who includes Judge Munib Akhtar, Judge Yahya Afridi, Judge Sayyed Mazahar Ali Akbar Naqvi, and Judge Ayesha Malik, issued the order on the requests presented by the head of PTI and others. Four judges of the five declared that section 2 (1) (d) of the Law of the Army of Pakistan, 1952 and 59 (4) (civil crimes) are also "Ultra viors the Constitution and without legal effect".
"Without prejudice to the generality of the foregoing to the judgments of civilians and accused people, around 103 people being […] They will be judged by criminal courts of competent jurisdiction established under the ordinary and/or special law of the Earth in relation to such crimes that can be accused," The short order reads. Later, the Government presented Intra-Court appeals against the verdict, that another largest SC bank suspended in November 2023 through a majority vote.
