Islamabad:
The Supreme Court questioned on Friday the distinction between the terrorist attack APS 2014 and the protests of May 9, asking how to differ the treatment of civilians involved in both incidents.
Judge Musarrat Hilali made the comments during the hearing of the case related to the trial of civilians in the military courts,
A constitutional bank of seven members, headed by Judge Aminuddin Khan, heard the intra-court appeal against the military judgments of civilians.
During the procedure, the lawyer of the former judge justice Jawwad S. Khawaja, Khawaja Ahmad Hussain, argued that common civilians were not subject to military law, which applies only to civilian employees of the Pakistan armed forces.
Judge Hassan Rizvi asked if the Army Law was applied to the attacks on the air bases, while Judge Hilali reiterated his concern about the different treatment of civilians in the APS attack and the protests of May 9.
Khawaja Ahmad Hussain explained that the APS attack was an act of terrorism, which led to the 21st constitutional amendment. Judge Hilali said that the victims of the APS attack were civil children.
He argued that, although the suspects of May 9 should be tried, their cases should not fall under military courts.
Judge Aminuddin commented that the Judiciary has the authority to review any law that contradicts the Constitution.
Referring to the official statement of May 9 of Pakistan’s army, Hussain questioned the equity of military trials, arguing that a victim cannot be both a party and a judge in the same case.
Judge Hilali replied that these arguments refer to the merits of the case, while Judge Aminuddin urged the lawyer to focus on legal aspects instead of broader implications.
Judge Commandkhail questioned the effectiveness of the 21st constitutional amendment, which established the military courts for a period of four years, asking if it had yielded tangible benefits.
