Islamabad:
Judge Aminuddin Khan, head of the Constitutional Bank of the Supreme Court, agreed with the argument sent by the lawyer for the Ministry of Defense to declare that several provisions of the Army act as null and null was not the right decision.
The Constitutional Bank of Seven Members held the 46th Hearing of the Intra-Court Appeals against an previous verdict by the Apex Court that prohibited the military courts from judging civilians. The lawyer of the Ministry of Defense, Khawaja Haris, continued his refutation to the arguments on the other side.
Haris said that the martial court of civilians was not a matter of the army ego, but was in national and security interest. Haris argued that the legislation was the right of Parliament, which would decide the scope of the jurisdiction of a particular law.
During the course of the procedures, Judge Jamal Commandkhail commented that the purpose of the Army Law was to maintain discipline in the forces. Haris, however, said it was the prerogative of Parliament to legislate and decide who will apply a particular law.
Judge Commandkhail commented that the Constitution was above Parliament, and that Parliament had to move low and according to the Constitution. Haris replied that things should be examined in a broader and more collective scope of the Constitution instead of focusing on a particular clause.
He stressed that it was the prerogative of Parliament to decide on the implementation of a particular law in a particular situation. Judge Commandkhail asked if the Parliament could expand the jurisdiction of the Army Law, Haris said the question was not yet before the court.
“We agree with you at least in article 8 (5) of the Constitution,” Judge Commandkhail observed. Judge Aminuddin Khan commented that the discussion sentence was not correct to the extent of section 2/1-D and “I agree with the lawyer” at this point.
Sitting at the bank, Judge Musarrat Hilali said that his question of whether the “military courts were the same as article 175 of the Constitution,” he still did not respond. Haris said he would focus on article 8 and answer the main question about the trial of civilians in the military courts.
The Court heard this case almost daily for more than a month, but postponed the procedures for April 7, 2024. Judge Aminuddin Khan wrote in his order that the bank postponed for three weeks due to the lack of availability of the judges in the main seat in Islamabad.
