Islamabad:
The Constitutional Bank of the Supreme Court returned on Wednesday the registration of trials of the Military Court to the defense lawyer, citing the concerns that reviewing it during the appeal hearing could affect the case against the military courts that try civilians.
During the process, Judge Jamal Khan Commandkhail raised questions about the credentials of the judges that preside over the military trials. He also asked if article 175 of the Constitution allowed space for the establishment of military courts.
The bank, led by Judge Aminuddin Khan, included judges Jamal Khan Commandkhail, Ayesha Malik, Muhammad Ali Mazhar, Hasan Azhar Naqvi, Musarrat Hilali, Naeem Afghan and Shahid Bilal Hasan.
The Court was listening to an intra-Court appeal against the previous verdict that prohibited military courts to judge civilians.
Representing the Ministry of Defense, lawyer Khwaja Haris argued that if the court examined the issue under article 175, all previous decisions regarding the establishment of military courts should be reevaluated.
He pointed out that the Constitution allowed the creation of courts, and several other countries also have military courts.
Judge Jamal Khan Commandkhail commented that the army manages antarctic issues and, when making a trial against a defendant, consults a session judge of the Superior Court. He questioned if the military courts could follow a similar practice.
Haris argued that the military courts had remained separated from article 175 in all legal decisions, added that the Army Law could not be challenged on the basis of fundamental rights.
Judge Jamal Khan Commandkhail expressed concern about a growing trend of public skepticism towards judicial judgments, stating that the laity were increasingly doubts about the verdicts issued by even the banks of eight members.
Judge Musarrat Hilali regretted that the stories of social networks and impressions that suggested that the judges had political affiliations. “I belong to Khyber-Pakhtunkhwa and questioned military evidence due to their impact on the people of my province. But, unfortunately, social networks link me to a political party,” he said.
Judge Hasan Azhar Naqvi questioned whether journalists and relatives of the accused were allowed to attend military judicial procedures. In response, Khwaja Haris explained that while the law allows access, often security concerns prevent journalists and family members from attending judgments.
During the hearing, the defense lawyer presented the military trial records to the bank, distributing copies among the judges.
However, Judge Jamal Khan Commandkhail said that reviewing the records at this stage was inappropriate, since it could affect the result of the appeal. Subsequently, six judges at the bank returned the records to the defense lawyer.
Judge Commandkhail also pointed out that the judges who carry out military trials were subordinated to the authorities, which raised concerns about their independence. However, Khwaja Haris responded that any bias claim must be backed by evidence.
Judge Commandkhail clarified that he had no doubt or personal objections, but emphasized the need to examine the qualifications and impartiality of those who perform military judgments.
As the hearing concluded, Judge Aminuddin Khan ordered the defense lawyer to complete arguments before Thursday. In response, Khwaja Haris assured the court that he would conclude his presentations within the given term.
