Supreme Court Justice Jamal Mandokhel has said that under the Constitution, the armed forces are under the executive, can the forces under the executive exercise judicial power?
A 7-member bench headed by Justice Aminuddin heard the intra-court appeals against the trial of civilians in military courts in the Supreme Court Constitutional Bench.
Lawyer Uzair Bhandari said that general amendments cannot affect fundamental rights, let’s see what the Constitution allows, for the confession of the accused, there must be a subject, FB Ali clarified, those who are under 83A do not come under 83A, the Army Act is only related to discipline.
Justice Aminuddin said that employees who come according to Article C do not take an oath, lawyer Uzair Bhandari said that they cannot court-martial those under Article C, court-martial is for officers.
Justice Aminuddin said that the nature of the crime will be determined by the armed forces members, lawyer Uzair Bhandari said that fundamental rights do not end due to the nature of the crime, the court can also review the laws before the constitution was made, the trial of civilians can only be held under 175, military courts are outside 175, the army cannot go beyond the scope of 245.
Justice Jamal Mandokhel said that can the courts created for the purpose of (3) 8 conduct trials? Under the constitution, the armed forces are under the executive, can the forces under the executive exercise judicial power?
