Islamabad:
Judge Aminuddin Khan, the chief of the Constitutional bench of the Supreme Court, agreed with the argument transmitted by the lawyer for the Ministry of Defense according to which the declaration of various provisions of the army law as no and not avenue was not the right decision.
The constitutional bench of seven members held the 46th audience of intra-haired calls against a previous verdict by the Supreme Court which prohibited military courts from judging civilians. The lawyer for the Ministry of Defense, Khawaja Haris, continued his refutation to the arguments on the other side.
Haris said that the court martial civilians was not a question of the army ego, but that it was national interest and security. Haris argued that legislation was the law of Parliament, which would decide on the extent of the jurisdiction of a particular law.
During the procedure, judge Jamal Mandokhail pointed out that the very purpose of the army law was to maintain discipline in the forces. Haris, however, said that it was the prerogative of the Parliament to legislate and decide a particular law to be applied.
Judge Mandokhail pointed out that the Constitution was above parliament and that parliament was to pass and, according to the Constitution. Haris replied that things should be examined in a broader and collective framework of the Constitution instead of focusing on a particular clause.
He stressed again that it was the prerogative of the Parliament to decide on the implementation of a particular law in a particular situation. Judge Mandokhail asked whether the Parliament could expand the jurisdiction of the Army Act, Haris said that the question was not yet in court.
“We agree with you at least on article 8, paragraph 5, of the Constitution,” observed judge Mandokhail. Judge Aminuddin Khan pointed out that the judgment under discussion was not correct to the extent of article 2/1-D and “I agree with the Council” on this point.
Sitting on the bench, Judge Musarrat Hilali said that his question whether the “military courts were the same as those provided by article 175 of the Constitution”, remained unanswered. Haris said he would focus on article 8 and would answer the main question concerning the civil trials in the military courts.
The court heard this case almost daily for more than a month, but postponed the procedure of April 7, 2024. Judge Aminuddin Khan wrote in his order that the bench was postponed for three weeks due to the unavailability of judges at the Islamabad headquarters.
