Islamabad: During the hearing of the Military Courts case in the Supreme Court, Lahore High Court Bar lawyer Hamid Khan completed his arguments, while Defense Ministry lawyer Khawaja Haris began rebuttal arguments.
A 7-member constitutional bench headed by Justice Aminuddin Khan heard the case. Hamid Khan said in his arguments that civilians cannot be tried in military courts on such a large scale, military courts cannot be established without a constitutional amendment.
Justice Muhammad Ali Mazhar asked where can an appeal be filed against the decisions of military courts after the 26th Amendment.
Hamid Khan replied that a writ can be filed in the High Court, but its jurisdiction is limited.
Justice Muhammad Ali Mazhar remarked that the FB Ali case decision said that the parliament can review the matter in 2 years, but till date the parliament has done nothing on this matter.
Justice Jamal Mandokhel said that the case is that what will happen if civilians commit crimes under the Army Act? Can its jurisdiction be extended to civilians for committing crimes listed in the Army Act?
Will the judiciary or the parliament declare the separation of the judiciary from the executive?
Hamid Khan said that the words of the constitution are clear, there is no need for a declaration by the parliament.
Khawaja Haris said that many important points have come to light in the arguments of the other parties. It may take a week to answer the questions. The hearing will be held again today.
