Islamabad: During the hearing of intra-court appeals against the Supreme Court’s decision to declare the trial of civilians in military courts null and void in the nine incidents, Justice Jamal Mandokhel said that the judiciary also has a role in confirming the martial law measure.
A 7-member constitutional bench headed by Justice Aminuddin Khan heard the case. Written submissions were submitted to the court by the Supreme Court Bar, which stated that the Supreme Court Bar met on March 5.
The meeting reviewed what the bar’s stance should be on military courts, in principle, civilians should not be tried in military courts, the provisions of the Army Act have been declared constitutional in judicial interpretations, the provisions of the Army Act can no longer be declared null and void.
Security, peace and law and order are also basic constitutional values, terrorism has intensified, the citizens of Pakistan deserve peace and harmony, all constitutional and legal measures should be taken to eliminate terrorism.
According to the news agency, the Supreme Court Bar has said in its response that the trial of civilians should not be tried in military courts, yet military courts cannot be declared unconstitutional because the provisions of the Army Act have been found to be valid in accordance with the laws in several decisions of the Supreme Court.
The Army Act cannot be declared unconstitutional. Hamid Khan, a lawyer for the Lahore Bar and the Lahore High Court Bar, said in his arguments that the Army Act came in May 1952, the first case of conspiracy was filed in 1951 in the Rawalpindi conspiracy. Justice Hassan Azhar Rizvi said that people like Faiz Ahmed Faiz were also nominated in the Rawalpindi conspiracy case.
Hamid Khan said that the decision was made to trial the accused under a special tribunal, not a military trial. Justice Jamal Khan Mandokhel asked what all these things have to do with military trials, what is the link between when martial law was imposed in the country and the military court case, there is no permission for martial law in the constitution.
Hamid Khan said that some way is found for martial law, the path of martial law was closed by the Supreme Court decision.
Justice Muhammad Ali Mazhar said that there is no permission for the implementation of martial law in the constitution, martial law is an extra-constitutional measure.
Justice Jamal Mandokhel said that the judiciary also has a role in validating the measure of martial law. Hamid Khan said that the fundamental rights available in military trials are withdrawn, there is no concept of military courts in a democracy, Seth Waqar declared military court sentences null and void, he was a great judge.
According to the news agency, Justice Jamal Mandokhel stopped him when Hamid Khan started giving long details referring to the arrest of the PTI founder from the premises of the Islamabad High Court.
Justice Mandokhel asked them to come to the point and argue the important question before the court. The court does not want to hear old stories. The real question is about the trial of civilians under the Army Act. Further hearing was adjourned till Monday.
