Islamabad: During the hearing of the intra-court appeal against the trial of civilians in military courts in the Supreme Court, Justice Jamal Mandokhel remarked that it seems that the judges of the anti-terrorism courts (ATCs) have a lot of problems with English.
A 7-member constitutional bench headed by Justice Aminuddin Khan heard the case. Civil society lawyer Faisal Siddiqui said that the commanding officers filed applications for the extradition of the accused, which began with the words that the initial investigation would constitute an offense under the Official Secrets Act.
These words are an admission that the investigation was not completed, the reasons given by the anti-terrorism court for the extradition of the accused are ridiculous. The accused were found guilty even before the investigation was completed. Justice Muhammad Ali Mazhar remarked that the wording of the orders of the Rawalpindi and Lahore courts is exactly the same. Justice Jamal Mandokhel remarked that it seems that the judges of the anti-terrorism courts have a lot of problems with English.
Extradition under the Official Secrets Act will be possible only after the investigation is completed. Faisal Siddiqui said that the cases in which extradition requests were made did not involve the provisions of the Official Secrets Act.
Justice Muhammad Ali Mazhar said that these provisions were involved in an FIR, Justice Hassan Azhar Rizvi remarked that read the FIR in which the extradition was made, the allegation is vandalism outside a military installation. Faisal Siddiqui said that courts exist to prevent misuse of the law, Ahmed Faraz was arrested because he incited an army officer through poetry, I was also accused of inciting but I was not arrested.
Justice Jamal Mandokhel replied in a light-hearted manner that they will arrest you now. Faisal Siddiqui said that since you are judges, no one can say anything to me. Justice Musarat Hilali said that after losing a case as a lawyer, I used to make a lot of noise in the bar that the judges, like truck drivers, signaled somewhere else and went somewhere else.
Understand my point deeply. Justice Hassan Azhar Rizvi said, “Do you also drive a truck?” Justice Musarat Hilali said, “I can drive a truck. My father was a freedom fighter. He spent his entire life in prisons. The one who recited his poetry in the jirga was arrested.”
Justice Naeem Akhtar Afghan said, “Ahmed Faraz had said in the court that this poem is not mine. Justice Afzal Zala said, “Write a poem that expresses the feelings of the soldier.” Ahmed Faraz had said, “I do not have the resources to promote my poem. Today is the era of social media. If Ahmed Faraz were here, he would not have been able to take this defense.”
You are giving arguments on the merits of the case, if the provisions of the Army Act are repealed, your arguments will become irrelevant. Justice Aminuddin Khan said you have mixed up many things. Faisal Siddiqui said I want relief, get it in any way. Further hearing was adjourned till Monday.
