Islamabad: In the case of trial of civilians in military courts, Justice Jamal Mandokhel has remarked that after the decision of the Anti-Terrorism Court, the accused became subject to the Army Act.
A 7-member constitutional bench of the Supreme Court headed by Justice Aminuddin Khan heard the case related to the trial of civilians in military courts, in which civil society lawyer Faisal Siddiqui gave his arguments.
While giving arguments, the lawyer said that the question is not how the selection of 105 accused was done for military trial, the real issue is whether the law allows it?
Justice Aminuddin Khan said that the extradition of the accused is a matter of record. Have you challenged Section 94 of the Army Act? To which the lawyer replied that the crime was not determined at the time of extradition of the accused. The unlimited discretion of Section 94 has also been challenged.
The lawyer argued that the powers of the officer who decides on the military extradition of the accused are unlimited. The power of the Prime Minister in this country is not unlimited. The powers to extradite the accused should be structured.
Justice Hassan Rizvi asked whether the police investigation was short and the military’s was fast? Was there material at the time of extradition of the accused? To which lawyer Faisal Siddiqui said that whether the material was on record or not is not a problem. The whole root is the unlimited power to extradite the accused. The commanding officer applies for extradition under Section 94.
Justice Jamal Mandokhel asked whether the anti-terrorism court can reject the extradition request? To which the lawyer replied that the court has the power to reject the extradition request of the accused.
Justice Aminuddin Khan said that this defense could have been adopted by the accused in the anti-terrorism court or in the appeal. Justice Muhammad Ali Mazhar said that the anti-terrorism court had not even issued notice to the accused. The court made its own decision on the request of the commanding officer.
Justice Jamal Mandokhel said that Section 94 will apply to those who are subject to the Army Act. After the decision of the Anti-Terrorism Court, the accused became subject to the Army Act. The Anti-Terrorism Court could have rejected the request of the commanding officer.
Lawyer Faisal Siddiqui took the position that the decision to hold a court martial should have been made before the extradition of the accused. If the court martial decision was not made, how could the accused be extradited?
Justice Hassan Rizvi asked whether the reasons for the extradition were stated in the request of the commanding officer? To which the lawyer replied that no reason was stated in the request of the commanding officer. Justice Naeem Afghan said that the reasons were stated in the request for the extradition of the accused. The request stated that the accused are guilty of crimes under the Official Secrets Act.
