Islamabad:
A constitutional bench (CB) of the Supreme Court hinted at a case with regard to the trial of a group of rioters on May 9 in the military courts during the following two hearings.
A CB of seven members led by Judge Amicin Khan resumed on Tuesday hearing the intra-cost calls filed against the SC October 2023 ordinance, canceling the May 9 trials accused by the military courts.
Khawaja Haris, the lawyer for the Ministry of Defense, continued his arguments in support of the military courts and argued that the crimes committed on May 9, 2023 after the arrest of the former Prime Minister Imran Khan were against the interests of the state.
Justice Jamal Khan Mandokhail pointed out that any violation of the law is contrary to the interests of the State, because all the crimes go against the interest of the state.
Referring to Jaffar Express’s diversion in Balutchistan last month, he asked if the train incident was not contrary to the interest of the state. He added that the main role of the armed forces is the defense of Pakistan, which apparently implies that it was not a question of carrying out tests.
Khawaja Haris replied by asking how the armed forces could defend the country “when their legs are fired from behind.” Judge Mandokhail said it was not a question of emotional answers.
“This is national security. If a police officer is stationed outside the court to ensure that no armed person is entering, and that he is moving away for five minutes, it would be a violation of the discipline. Isn’t that a matter of state security?” He asked.
Judge Mussarat Hilali, while noting that she feared that the media will distort his comments, asked him if it was possible to deprive a citizen of his fundamental rights by simple legislation.
“Shouldn’t civilians be tried before the military courts by a constitutional amendment?” She questioned, adding that in India, an independent forum is available to make calls against military court orders.
Judge Muhammad Ali Mazhar asked if the definition of civil offenses was included in the 1952 law of the Pakistani army. He noted that SC on October 23, 2023 also canceled article 59 (4) of the law.
“Does this mean that civilians are now outside the scope of the Pakistani army law? Does the decision of the Supreme Court of October 23 mean that no civilian can now be judged under the law?” He asked.
Haris replied in the affirmative. “I believe it is the effect of the decision of the Supreme Court,” he said.
Judge Mandokhail said it is clear that if a technician is working for the army and commits an offense during this period, he will face a military trial. However, if this technician works elsewhere a year later, civil law would apply.
The judge noted that Haris had not yet answered his question under which the article of the Constitution, the military courts, they operate because the military courts are not covered by article 175. “The hearing will resume today at 11:30 am.
