ISLAMABAD – Supreme Court Justice Jamal Khan Mandokhail has raised questions over trial of civilians under the armed forces’ discipline.
He questioned the legitimacy of civilian’s trial when the seven-member constitutional bench, led by Justice Aminuddin Khan, heard intra-court appeals against decisions of military courts.
The bench also included Justice Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan, Justice Musarrat Hilali and Justice Shahid Bilal Hassan.
During the hearing, federal government’s lawyer Khawaja Haris argued that the cases are related to Article 8 of the Constitution.
However, Justice Mandokhail made several critical questions, stating: “How can the armed forces’ discipline apply to a civilian who is not a part of it?”
To which, Haris replied it could be applied if the law allows it.
At one point, Justice Mazhar remarked on which grounds the Army Act was deemed incompatible with Article 8 by a prior bench of the apex court.
Haris replied that under specific circumstances, civilians fall under the jurisdiction of the Army Act, adding that the top court did not have authority to declare the provisions of the Act null and void.
Justice Mandokhel further stated that the highest office in Pakistan is that of the President. If there is an attack on the President’s House, the trial of the accused will be held in an anti-terrorism court, but if there is an attack on military properties, the trial will be conducted in military courts. In response, Khawaja Haris said that this decision was made by lawmakers through legislation.
Later, the constitutional bench adjourned the hearing till Friday.
