The Supreme Court of Pakistan has resumed hearings on a large -scale case which challenged the legality of trying civilians before the military courts, the judges raising serious concerns concerning regular procedure and judicial independence.
A constitutional bench of seven members, led by Judge Amicin Khan, heard petitions against the military trials of civilians arrested after violent demonstrations.
Jamal Khan Mandokhail, Musarrat Hilali, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Naeem Akhtar Afghan and Shahid Bilal were also part of the bench.
Judge Mandokhail asked how an institution that acted as a complainant can also chair the trial. “How has an institution that has itself been the complainant also hear the case?” He pointed out. “Didn’t the federation trust its own civil judicial power?”
The court focused on the question of whether those who judged by military courts have obtained the constitutional right to appeal and the fair trial. “We asked for the right to appeal because it is a fundamental right,” noted Judge Mandokhail.
Judge Hilali stressed how criticism intensified when civil courts delay the procedure. “If a continuous judge becomes a national problem that trials are delayed,” she said, highlighting a perceived double standard.
The Attorney General Mansoor Usman Awan appeared before the bench and defended the military judicial process. He declared that the judicial system follows a defined legal structure and that any death sentence is not implemented as long as the calls have been exhausted. “The whole procedure is already registered with the court,” he said.
Judge Mazhar said that there should be no problem authorizing fair trials. “If we provide the right to a fair trial, what is the problem?” He asked.
The bench also revised the options discussed previously by a full court after the 18th constitutional amendment.
Judge Mandokhail asked the Attorney General to explain the three options that the government has pursued.
The Attorney General said he would respond after the petitioner Khawaja Haris concluded his arguments. The court postponed the hearing until Thursday.
