Justice Jamal Khan Mandokhail of the Supreme Court (SC) has noted that the Army Act applies exclusively to military personnel.
He highlighted the importance of ensuring fundamental rights and justice for army officers, Express News reported.
A seven-member constitutional bench, headed by Justice Aminuddin Khan, heard the case related to military courts.
Defense Ministry lawyer Khawaja Haris presented his arguments as the session continued.
The bench includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.
Justice Mandokhail questioned the prosecution mechanisms in military courts and sought clarification on their procedures.
“Does the commanding officer overseeing the trials have the experience necessary to hand down a death sentence?” asked.
Judge Musarrat Hilali also expressed doubts, stating: “The official conducting the trial does not issue the verdict. Instead, the case is referred to a senior official who decides without hearing the trial. How can someone who did not participate in the hearing make a fair decision?
Judge Jamal Mandokhail commented: “I have spent 34 years in this field and I still do not consider myself fully fulfilled. Does the military officer conducting the trials have the experience and knowledge necessary to hand down a death sentence?
Defense lawyer Khawaja Haris responded by stating: “The procedure for military trials will be explained in detail in the second part of my arguments.”
Justice Mandokhail further observed: “The Army Act applies only to the army. We must consider whether military officers enjoy basic rights and justice.”
Judge Musarrat Hilali posed a critical question: “Please also clarify who writes the decisions in the military courts. As far as I know, the case is heard by an officer, but the punishment or reward is decided by the commanding officer. How can someone who has not heard the case decide the outcome?”
The Defense Ministry lawyer explained: “Decisions are drafted with the help of the Judge Advocate General (JAG) branch.
