Islamabad:
A Constitutional Bank (CB) of the Apex Court has hinted to conclude a case with respect to the trial of a group of protesters on May 9 in the military courts in the next two hearings.
A CB of seven members led by Judge Aminuddin Khan resumed on Tuesday by hearing the intra-court appeals filed against the SC order in October 2023, annulling the May 9 trials accused by military courts.
Khawaja Haris, the lawyer of the Ministry of Defense, continued his arguments in support of the military courts and argued that the crimes committed on May 9, 2023 after the arrest of former Prime Minister Imran Khan were against the interests of the State.
Judge Jamal Khan Commandkhail commented that any violation of the law is against the interests of the State, since all crimes go against the interest of the State.
Referring to the kidnapping of Jaffar Express last month in Baluchistan, he asked if the train incident was not against the interests of the State. He added that the main role of the Armed Forces is Pakistan’s defense, apparently, which implies that it was not his work to carry out essays.
Khawaja Haris responded by asking how the armed forces could defend the country “when their legs are being thrown down.” Judge Commandkhail declared that this was not a matter of emotional responses.
“This is national security. If a police officer is parked outside the Court to ensure that no armed person enters, and moves away for five minutes, that would be a violation of the discipline. Isn’t that also a matter of state security?” asked.
Judge Mussarrat Hilali, while pointing out that he feared that the media could distort their comments, asked if it was possible to deprive a citizen of their fundamental rights through simple legislation.
“Shouldn’t civilians be tried in military courts through a constitutional amendment?” She questioned, added that in India, an independent forum is available to present appeals against orders from military courts.
Judge Muhammad Ali Mazhar asked if the definition of civil crimes is included within the Law of the Army of Pakistan, 1952. He pointed out that the SC on October 23, 2023 also annulled article 59 (4) of the law.
“Does this mean that civilians are now beyond the reach of Pakistan’s army law? Does the decision of the Supreme Court of October 23 mean that no civilian can now be tried under the law?” asked.
Haris responded affirmative. “I think that is the effect of the Decision of the Supreme Court,” he said.
Judge Commandkhail said it is clear that if a technician is working for the army and commits a crime during that time, then he will face a military trial. However, if that technician works elsewhere a year later, the civil law would apply.
The judge said that you had not yet answered his question about which article of the Constitution the military courts operate as military courts are not covered by article 175. “The hearing will resume today at 11:30 am
