During the hearing of the intra-court appeal against the decision to try civilians in military courts in the Supreme Court, Justice Hassan Azhar Rizvi remarked that today, burning, surrounding, vandalism has become a fashion.
The Supreme Court is hearing the Military Courts case in a 7-member constitutional hearing headed by Justice Aminuddin Khan.
Petitioner’s lawyer Suleman Raja, while starting his arguments, said that he apologizes for tomorrow, he could not reach due to traffic jam, Justice Aminuddin Khan said that whoever was supposed to reach the court had reached.
Justice Jamal Khan Mandokhel said that try to complete the arguments today, Suleman Raja said that I will complete the arguments by tomorrow, the central decision said that courts cannot be established outside Clause 3 of Article 175.
Justice Muhammad Ali Mazhar said that the initial hearing in service matters is conducted departmentally. Justice Hassan Azhar Rizvi remarked that the footage of the May 9 incidents was also aired on TV channels, Corps Commanders’ houses were broken into and vandalized. Nowadays, arson, encirclement, and vandalism have become a fashion.
He further remarked that during the May 9 incidents, people entered a house and beat TV screens with sticks. The same thing happened in Bangladesh. Looting was also done in Syria. This has become a culture.
Justice Jamal Khan Mandokhel remarked that even breaking into the house of a common citizen is a crime. Suleman Raja took the stand that Article 175, Clause 3, should be applied to army officers as well.
Justice Naeem Akhtar Afghan remarked that the country had a constitution in 1973, and in the 18th Amendment, all the laws of the martial law period were reviewed. Why do they want the Supreme Court to do the work that is supposed to be done by the Parliament? If a military officer comes, they will review this question. You should not go beyond the jurisdiction of the hearing of the case. You are giving the example of India, where the law was changed through the Parliament.
Justice Hassan Azhar Rizvi asked whether there have ever been attacks on Corps Commanders’ Houses anywhere in the world. Suleman Raja said that yes, I will give examples of that.
During the hearing, Suleman Akram Raja referred to the decision to declare the Law Reforms Ordinance null and void. Justice Muhammad Ali Mazhar said that legislation was made on what was pointed out in the court decisions.
Justice Jamal Khan Mandokhel remarked that the parliament is not aware of what is going on, the things you are doing here are for the parliament to do, Suleman Raja took the position that judicial power should be used in the process of giving punishment, Justice Jamal Mandokhel remarked that all the decisions you are referring to were from the Balochistan High Court.
Salman Raja said that I have seen the entire history of the Constitution of Pakistan, during the martial law periods, the Balochistan High Court always gave decisions for the protection of ordinary citizens, the late Justice Waqar Seth Sahib also gave an important decision from the Peshawar High Court, Waqar Seth Sahib’s decision was also referred to the International Court of Justice, his decision was suspended by the Supreme Court, no court can be established outside Clause 3 of Article 175.
