Islamabad:
The constitutional bench of the Supreme Court was informed Thursday that the trial of an accused in the general attack case of the 2009 general seat (GHQ) had been led to a military court, even before the promulgation of the 21st constitutional amendment .
A bench of seven members, led by Judge Aminuddin Khan, heard intra-lubricates against the decision of the Supreme Court which declared the military trial of the civilians involved in the incidents of May 9 as no one and non-Avenus.
During the hearing, Khawaja Haris, lawyer for the Ministry of Defense, finished his arguments and lawyer for former chief judge Jawwad S Khawaja, one of the petitioners in case, advanced his arguments.
At the beginning, judge Jamal Khan Mandokhail told court that his remarks during a hearing on Wednesday about “not accept” the decision had created some confusion, adding that he wanted to clarify that he did not mention the judges, but meant some people.
Justice Hassan Azhar Rizvi wondered if the crimes committed during violent national riots on May 9, 2023 were more serious than terrorist incidents.
Judge Rizvi pointed out that the basic attacks on the Mehran and Kamra base were mentioned in the 21st amendment. “Where was the trial of those who attacked GHQ (general seat)?” He asked. “Two Orion planes worth billions of rupees have been destroyed [in the Mehran base attack]; Is the crime of May 9 more serious than these incidents? “”
Lawyer Haris said all the authors of the Mehran’s basic attack had been killed.
“So, after their death, there was no investigation as to whom they were, where they came from and how they came? The file of the basic attack of Mehran was closed after the death of the terrorists ? ” Asked Judge Ricevi.
Advocate Haris replied by saying that an investigation should have been carried out. “The case of the GHQ’s attack occurred before the military courts and took place before the 21st amendment.”
Judge Rizvi pointed out that the modifications were made on the basis of these attacks and asked: “What happened to the accused in the attack on the Kamra base? When did they have a lawsuit ? “
Lawyer Haris said he would inform the court after taking instructions and completed his arguments.
Judge Rizvi said that the 21st amendment decision mentioned 16,000 different attacks from 2002 to the promulgation of the amendment, in which the staff displayed in sensitive places were martyred. Were all these incidents tried in military courts or in the anti-terrorist courts, he asked.
Haris replied that the trial of the GHQ attack case was held before the military court. He added that all the terrorists who attacked the Mehran air base had been killed on the spot; Therefore, there was no need for a military trial there.
Additional prosecutor Aamir Rehman and the Balutchistan government lawyer adopted the arguments presented by the Advocate of the Ministry of Defense. After that, Khawaja Ahmed Hussain, the lawyer for former chief judge Jawad, Khawaja, started his arguments.
