During the hearing on intra-court appeals against the trial of civilians in military courts in the Supreme Court, Justice Muhammad Ali has remarked that the Army Act is exclusive to members of the Pakistan Armed Forces.
A seven-member constitutional bench headed by Justice Aminuddin heard the intra-court appeals against the trial of civilians in military courts.
During the hearing, Justice Musarat Hilali remarked that courts should be formed under Article 175, should military courts also be formed under Article 175?
Justice Jamal Mandokhel said that is there any forum that is not formed under Article 175 and can try civilians? Justice Muhammad Ali said that the Army Act is exclusive to members of the Pakistan Armed Forces.
Defense Ministry lawyer Khawaja Haris said that the Constitution of Pakistan states that the Army Act is for the discipline and performance of duties of the armed forces. Let me tell you that there was no crime of counter-terrorism in the May 9 incidents.
Justice Jamal Mandokhel remarked that the crime of obstructing the work of a military official comes under the Anti-Terrorism Act, while the second crime in the May 9 incidents comes under the Official Secrets Act.
Khawaja Haris said that Article 8 ensures that the armed forces can perform their duties properly.
Justice Jamal Mandokhel said that the question of fundamental rights has come up in the FB Ali case. Khawaja Haris replied that the FB Ali case challenge was made on the basis that our fundamental rights are being taken away.
Along with this, the hearing of the case related to military courts was adjourned till tomorrow. Khawaja Haris will continue his answer.
