During the hearing of petitions filed in the Supreme Court against the prosecution of civilians under the Army Act in military courts, Justice Muneeb Akhtar remarked that in case of emergency and war, trials can be held in military courts.
A six-member bench of the apex court is hearing petitions filed by PTI chairman, former chief justice Jawad S Khawaja, eminent jurist Aitzaz Ahsan and civil society against the prosecution of civilian cases in military courts under the Army Act.
The six-member larger bench comprises of Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Syed Mazahar Ali Akbar and Justice Ayesha Malik.
At the beginning of the hearing, President Supreme Court Bar Abid Zubeiri came to rostrum and said that he had also filed a petition in this case, on which the Chief Justice remarked that he is happy that the Supreme Court Bar is also becoming a party in this case.
“Are you filing a petition today?” the Chief Justice asked. Is your application numbered? Abid Zubeiri replied that it has just been filed in the office, to which the Chief Justice remarked that when the petition is numbered, we will see it.
I stand by my point, 102 people are not being tried: Attorney General
Meanwhile, PTI chairman’s lawyer Uzair Bhandari started the arguments saying that civilians cannot be court-martialled, yesterday DG ISPR said that they are trying 102 people.
The Attorney General said that he stands by his yesterday’s statement that 102 people are not being tried, the people of the Ministry of Defense have come, and they will support the point.
Justice Yahya Afridi asked, “We need to clear whether the accused were detained under Section 2(d)(1) of the Official Secrets Act or under 2(d)(2)?” The Attorney General replied that initially the accused were detained under Section 2(d)(2) but 2(d)(1) may also have consequences.
The Chief Justice remarked that the interesting thing is that the allegations regarding the accused are not related to the Official Secrets Act.
Justice Ayesha Malik remarked that what criteria have been set by the judicial system that who has to be tried in the general court and who in the military court?
The Chief Justice remarked that in the Liaquat Hussain case, it has been made clear that not every case can be tried in a military court, but the relationship of the case should be proved with the Army Act.
Uzair Bhandari said that parliament cannot allow the trial of civilians without a constitutional amendment, the 21st amendment has laid down the principle that a constitutional amendment is required for the trial of civilians.
Justice Ayesha Malik remarked that even if there is an aspect of internal relations, can a civilian still not be tried in military courts.
Justice Ijaz-ul-Ahsan remarked that the principles such as the dangers of war regarding internal relations, the threat to the defense of Pakistan, are laid down in the decision of the 21st Amendment case.
Justice Muneeb Akhtar remarked that in case of emergency and war, the trial can be held in military courts, to which Uzair Bhandari said that the majority decision of the 21st Constitutional Amendment also imposes the same condition that there will be a war situation.
Justice Muneeb Akhtar remarked that only in war and war situations, a person can be tried in a military court, when the fundamental rights are not suspended, the trial of a civilian cannot be held in military courts.
Meanwhile, the court adjourned the hearing by half an hour, the hearing has started again.
A nine-member bench headed by Chief Justice Umar Ata Bandial had started hearing the petitions on June 22, but during the hearing, a nine-member larger bench was broken after the objections of Justice Qazi Faez Isa and Justice Sardar Tariq Masood, after which the seven-member bench resumed the hearing.
More details will be added……
