The Pakistan Supreme Court referred to the former Chief General of the Army (retd.) Qamar Javed the extension of Bajwa’s service while listening to a case on military judgments for civilians, reviving the debate on the previous legal precedents.
A constitutional bank of seven members, led by Judge Aminuddin Khan, heard an intacurt appeal that challenges the jurisdiction of the military courts on civilians.
During the process, Bajwa’s extent was summoned as an example of legal changes promoted by court interventions.
Judge Naeem Akhtar Afghan commented that the extension of the former head of the Army had no legal support at that time and was only formalized after parliamentary legislation, following the directives of the Supreme Court.
Judge Aminuddin Khan recalled the urgency around the case, stating: “At that time, they all sat together for a single notification. That was our state. “
The case saw lawyers questioning the legal position of military trials for civilians.
The lawyer Uzair Bhandari, who represents former Prime Minister Imran Khan, argued that the military courts lack trained judges and do not guarantee the fair judgments.
He pointed out that according to military judicial procedures, even the right to appeal is restricted to a supplication of mercy before the head of the Army.
Judge Hassan Azhar Rizvi challenged this point of view, pointing out the video evidence of attacks on military facilities, stating that security in those areas was under the control of the army.
He suggested that military participation justified the trials under the legal framework of the army.
Judge Musarrat Hilali, addressing Bhandari, commented: “You discuss one thing, but your client says something more.”
She referred to Khan’s past statements about negotiation only with those who have power.
Bhandari refused to comment on his client’s comments, keeping his focus on the legal aspects of the case.
During the arguments, references were made to the Indian military test system. Judge Aminuddin Khan said that Indian law allows for independent courts, questioning whether these rights were legislated by Parliament or ordered by the courts.
Judge Muhammad Ali Mazhar pointed out the case of Kulbhushan Jadhav, an Indian citizen court under the Pakistan military justice system.
He reminded the Court that Pakistan granted the rights of appeal of Jadhav only after the ruling of the International Court of Justice and subsequent legislation.
Bhandari concluded his arguments, stating that fundamental rights must be maintained in all legal procedures.
The Court postponed the case until tomorrow, with the lawyer Faisal Siddiqui present arguments in the next session.
