Justice Jamal Khan Mandokhail of the Supreme Court (SC) observed that the Army Act applies exclusively to military personnel.
He stressed the importance of ensuring fundamental rights and justice for army officers, Express News reported.
A seven-member constitutional bench, headed by Justice Aminuddin Khan, heard the case regarding military courts.
Defense Ministry lawyer Khawaja Haris presented his arguments as the session continued.
The bench includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.
Justice Mandokhail questioned the adjudication mechanisms of military courts, seeking clarification on their procedures.
“Does the commander overseeing the trials have the expertise to hand down a death sentence? » he asked.
Judge Musarrat Hilali also expressed doubts, saying: “The officer conducting the trial is not giving the verdict. Instead, the case is passed to a superior officer who decides without hearing the trial. How can someone not involved in the hearing make a fair decision?
Judge Jamal Mandokhail said: “I have spent 34 years in this field and I still do not consider myself fully accomplished. Does the military officer presiding over the trials have the experience and expertise to impose a death sentence?
Defense lawyer Khawaja Haris responded by saying: “The procedure of military trials will be fully explained in the second part of my arguments. »
Justice Mandokhail further observed: “The Army Act applies only to military personnel. We must ask ourselves whether military officers are afforded basic rights and justice.”
Justice Musarrat Hilali raised a crucial question by asking: “Please also clarify who writes the decisions of military courts. To my knowledge, the case is heard by a single officer, but the punishment or reward is decided by the commander. How can someone who has not heard the case decide the outcome?
The Defense Ministry lawyer explained: “Decisions are drafted with the assistance of the Judge Advocate General (JAG) office.
