Islamabad: During the hearing of the case related to the trial of civilians in military courts, Justice Muhammad Ali Mazhar has said that there is an objection to the military court that the military trial is not impartial.
A 7-member larger bench headed by Justice Aminuddin Khan heard the case related to the trial of civilians in military courts, in which Abid Zuberi, the lawyer for former Supreme Court Bar, gave arguments.
Abid Zuberi told the court that yesterday the Attorney General had mentioned the violation of assurances to the court. The written assurances of the Attorney General are mentioned in the decision of the 5-member bench. The numbers of the various applications through which the written assurances were made are also part of the decision.
In his arguments, Abid Zuberi said that General Zia-ul-Haq conducted a military trial of FB Ali. General Zia-ul-Haq left FB Ali in 1978.
Justice Jamal Mandokhel remarked that what FB Ali was trying to do was done by Zia-ul-Haq.
Justice Muhammad Ali Mazhar said that the Army Act has provided a complete procedure for military trials. The procedure has protected fundamental rights. Not following the procedure provided in the Army Act is a different matter. If the procedure is not followed, then its availability is of no use.
Justice Muhammad Ali Mazhar remarked that there are two objections to the military court. One objection is that military trials are not impartial, the second objection is that those conducting the trials do not have legal experience.
Lawyer Abid Zuberi said that the military court is part of the executive. To which Justice Muhammad Ali Mazhar inquired what the work of the army is. Where did the executive come from in the work of the army? Abid Zuberi replied that the work of the army is to fight on the border. Justice Jamal Mandokhel said that the work of the army is to defend the country.
Justice Muhammad Ali Mazhar said that do you recognize the military court as a judiciary? If the judiciary accepts it, the results will be different. If the military court is the judiciary, then it is the judiciary. Justice Muneeb did not call the military court the judiciary.
