Islamabad: The Supreme Court is hearing an intra-court appeal against the decision to try civilians in military courts, during which Justice Masrat Hilali remarked that in the current case, the accused were not taken into military custody, and the emergency was not imposed if the accused were taken into military custody.
A 7-member constitutional bench headed by Justice Aminuddin Khan is hearing the case of military courts in the Supreme Court.
Defense Ministry lawyer Khawaja Haris, continuing his arguments, said that the Supreme Court in its decision rendered Article 233 of the imposition of emergency ineffective, Article 233 had nothing to do with the case of military courts.
Khawaja Haris said that Article 233 was raised to prove the correct interpretation of Article 8(5), under Article 233, the President can suspend fundamental rights by imposing emergency.
Justice Muhammad Ali Mazhar remarked that emergency was imposed during the reign of Pervez Musharraf, fundamental rights cannot be implemented by the courts during emergency, there are Supreme Court decisions on this point that the court can exercise its authority.
Justice Aminuddin Khan said that fundamental rights can be defended in the courts, only the execution is suspended, Justice Musarat Hilali said that in the present case, when the accused were taken into military custody, fundamental rights were not suspended, when the accused were taken into military custody, the emergency was not imposed either.
Khawaja Haris said that the Supreme Court decision has said that stopping the execution is equivalent to suspending fundamental rights.
