Islamabad: During the hearing of the intra-court appeal against the decision to trial civilians in military courts in the Supreme Court, Justice Jamal Mandokhel remarked that the Army Act also mentions many crimes, according to the act, all crimes will be applicable to military officers.
A 7-member constitutional bench headed by Justice Aminuddin Khan is hearing the case of military courts in the Supreme Court.
When the hearing on the intra-court appeals against the trial of civilians in military courts began, Defense Ministry lawyer Khawaja Haris started giving arguments.
Justice Aminuddin Khan said that it would be appropriate to complete his arguments by tomorrow, which cases were transferred to military courts and why, he will keep it brief, if the judges have questions in this regard, he will also look at it at the end.
Lawyer Khawaja Haris took the position that the Supreme Court has also declared Section 59(4) of the Army Act null and void. Justice Jamal Mandokhel remarked that the Army Act also mentions several crimes. According to the act, all crimes will be applicable to military officers.
Lawyer Khawaja Haris said that the trial of civilians falls under Section 31D of the Army Act. Justice Jamal Mandokhel said that Section 31D is related to inciting soldiers to prevent them from performing their duties.
Lawyer Khawaja Haris said that the constitution has also recognized military courts. Justice Jamal Mandokhel said that whose case will go to military courts remains to be seen. Justice Musarrat Hilali remarked that the constitution also endorses many tribunals. It remains to be seen which cases can be heard where and how. The issue here is procedural, who will conduct the trial.
