Ministry of Defense lawyer Khawaja Haris has completed his arguments in the intra-court appeal regarding the trial of civilians in military courts being heard in the Constitutional Bench of the Supreme Court.
During the hearing, Justice Hassan Azhar Rizvi remarked that Mehran and Kamra bases are also mentioned in the 21st Amendment decision, two Orion planes worth billions of rupees of Pakistan were destroyed, where was the trial of those who attacked GHQ held? Is the crime of May 9 more serious than these terrorist incidents?
A 7-member constitutional bench headed by Justice Aminuddin Khan of the Supreme Court heard the intra-court appeal regarding the trial of civilians in military courts.
During the hearing, the defense ministry’s lawyer Khawaja Haris appeared in the court and continued his arguments, saying that the courts are mentioned in Article 175 of the constitution, military courts are not mentioned in the judicial system under Article 175, military courts are formed under a separate law, which is recognized.
Justice Jamal Mandokhel remarked that the powers of the courts formed under Article 175 are broad, while the jurisdiction of a court formed under a specific law is also limited.
Justice Jamal Mandokhel, explaining the observation made yesterday, said that my words created confusion yesterday, yesterday the news came that 2 judges called the decision of 8 judges wrong, many retired judges contacted me on this news, I don’t care about the media but correctness is necessary.
He said that retired judges called me and said, “What did you say?” I want to clarify that yesterday, regarding the non-acceptance of the decision, I did not mention the judges but the individuals. I was trying to say that the decision is said by two people in a gathering that it is like this, some media colleagues reported it incorrectly.
Justice Jamal Mandokhel further said that the 21st Amendment decision clearly states that military courts were formed in a war situation, the constitution had to be amended for the trial of civilians.
Khawaja Haris took the stand that there was no need for an amendment for the trial, more crimes were included in the Army Act through the amendment.
Justice Hassan Azhar Rizvi remarked that the 21st Amendment decision also mentions Mehran and Kamra bases, where was the trial of those who attacked GHQ held? Pakistan’s 2 Orion aircraft worth billions of rupees were destroyed, is the crime of May 9 more serious than these terrorist incidents?
Khawaja Haris said that all the terrorists of the Mehran base attack were killed.
Justice Hassan Azhar Rizvi asked whether there was no investigation after the killings as to who they were, where they came from and how they came. Did the file of the Mehran base attack get closed after the terrorists were killed?
Khawaja Haris replied that the investigation must have definitely been done, the GHQ attack case was tried in military courts, the GHQ attack case was tried before the 21st Amendment.
Justice Hassan Azhar Rizvi said that the amendment was made on the basis of all these attacks that there are difficulties in the trial, what happened to the accused of the attack on Kamra base? Where was their trial held?
Khawaja Haris took a stand and will inform you after getting instructions. Defense Ministry lawyer Khawaja Haris completed his arguments.
The Additional Attorney General took a stand that we are also adopting Khawaja Haris’ arguments. Balochistan government lawyer Sikandar Mohmand also adopted Khawaja Haris’ arguments.
Justice Jamal Mandokhel asked how can you represent the Balochistan government?
Justice Muhammad Ali Mazhar asked if there is any law that states how a private lawyer represents a government?
Sikandar Bashir took a stand that the government has been allowed to have a private lawyer in the Supreme Court’s decisions.
Justice Jamal Mandokhel remarked that if private lawyers are to be used, then the Advocate General’s Office should be closed. First, the Balochistan government will have to prove its right to claim. What does the provincial government have to do with this matter? This should be explained first.
The Punjab government, the Ministry of Interior, the Ministry of Law and the Shuhada Foundation also adopted the arguments of Khawaja Haris. The Khyber Pakhtunkhwa government’s lawyer informed the court that the Khyber Pakhtunkhwa government has withdrawn its appeal.
Former Chief Justice Jawad S Khawaja’s lawyer Khawaja Ahmed Hussain, while starting the arguments, took the position that I would like to read Article 8 (3) of the Constitution. It has been said here that the Army Act is exempted from fundamental rights in Article 8. Article 8 (3) mentions members of the armed forces. The framers of the constitution made everything clear by mentioning members of the armed forces. It has become clear that this law does not apply to ordinary citizens. If there was to be room for ordinary citizens, the words would have been different.
Justice Jamal Mandokhel then asked, instead of members of the armed forces, only the armed forces would have been included in Article 8(3).
Khawaja Ahmed Hussain replied, “Yes, of course. The mention of members made it clear that ordinary citizens would not be tried there. The second point is that if there is a nexus among ordinary citizens, a trial can be held. The words “nexus” are not in the constitution or law, but only in a decision.”
Lawyer Khawaja Ahmed Hussain said that my case is not that these accused should be released. The case is only that civilians cannot be tried in military courts. Why does the government not trust civil courts? Civilians have been court-martialed for 54 years, which should end.
Justice Naeem Akhtar Afghan remarked that has any May 9 accused ever been tried in military courts?
Justice Musarrat Hilali said that is there any difference between civilians and uniformed people? If a soldier commits a civil crime, he gets all the rights.
Lawyer Ahmed Hussain said that Kulbhushan Jadhav was given the right to appeal in the High Court through legislation, ordinary citizens are not even given the right to appeal in the High Court.
Justice Jamal Mandokhel said that if a civilian commits a crime along with a soldier, will there not be a trial?
The lawyer took the position that what would happen if all crimes were included in the Army Act tomorrow? To call the trial of civilians correct, it must be said that all fundamental rights are protected in this trial.
The hearing on the appeals against the decision of the trial of civilians in the military courts has been adjourned till tomorrow. Justice Jawad S Khawaja’s lawyer Khawaja Ahmed Hussain will continue the arguments tomorrow as well.
