ISLAMABAD: The Supreme Court on Tuesday adjourned until February 10 the hearing of intra-court appeals against its judgment declaring trial of civilians in military courts as unconstitutional.
A seven-member constitutional bench of the Supreme Court headed by Justice Amin-ud-Din Khan heard intra-court appeals of the federal government as well as the Ministry of Defence against the apex court judgment declaring trial of civilians in military courts as unconstitutional.
The bench comprises Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Mussarat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan.
Salman Akram Raja, counsel for Arzam Junaid, who was convicted by the military court in May 9 incidents, continued his arguments and opposed the trial of civilians in military courts.
Stressing on the point of safeguarding fundamental rights as enshrined in the Constitution, Raja contended that military courts should not have the authority to conduct trials of civilians unless their actions directly threaten national security or the armed forces.
Substantiating his argument, he recalled the prominent case of Brigadier (retd) FB Ali and submitted that the apex court judgment was based on the 1962 constitution, which permitted civilian trials in the military courts, provided that the fundamental rights were ensured.
Justice Mandokhail asked the counsel about the powers of the military courts under the Army Act. “Can a non-military person be tried solely on the basis of their crime,” Justice Mandokhail asked, to which Raja submitted that in the FB Ali case, discussions focused on Clause 2 (d)(i) of the Army Act, and the ruling acknowledged that the Act brought via a presidential ordinance could be reviewed with regard to basic rights.
The counsel, however, contended that it was also stated that such amendments were subject to judicial review under fundamental rights. Raja told the court it was being said that provisions regarding civilians in Army Act were for terrorists.
“In fact, these provisions are being placed by the government against its opponents,” Raja said, adding a first information report (FIR) had also been lodged against him over the killing of three Rangers personnel on November 26 last year.
“I have been alleged that I had made a plan for killing, while I am being told that I should stop speaking in courts as well as on TV channels,” Raja told the court, adding he was also being told that he would be dragged into military court for “killing” Rangers personnel.
The counsel further told the court that he might be arrested on February 7 in this case, adding if the constitutional bench restores the provisions of Army Act, which were set aside by the main judgment, then it will be used in such a manner.
Justice Mandokhail questioned the scope of the military courts authority under the Army Act.
During the hearing, Raja told the court that FB Ali was sentenced by a military court under General Zia-ul-Haq. However, after Zia became the army chief, he revoked Ali’s sentence. At this, Justice Mandokhail remarked that Zia might have realised that his decision was wrong.
Raja submitted that if the constitutional bench upheld Justice Ayesha A Malik’s ruling on Article 10-A in the main judgment, it would strengthen their case.
Justice Mandokhail asked the counsel as to whether hearing this matter, they could exercise powers of Article 187 of the Constitution providing complete justice. “Definitely, the court can always use this power guaranteed under Article 187 of the Constitution by providing complete justice,” Raja replied.
“It’s good to hear from you as earlier you had raised objections on the court’s power of jurisdiction,” Justice Amin-ud-Din Khan reminded to Raja.
Raja, however, contended that the jurisdiction of court always increased with the passage of time. Justice Hilali asked about the 1962 constitution, to which Raja replied it began with Field Marshal Ayub Khan granting himself the authority. The counsel submitted that during that era, fatwas (religious decrees) were issued by claiming that Islam did not recognise fundamental rights. This was the same time when prominent poet Habib Jalib’s famous poem came to surface, saying “I don’t accept this system”.
Justice Muhammad Ali Mazhar observed that the Army Act applied when civilians incited military personnel. He asked the counsel as to whether Article 10-A’s right to a fair trial extended solely to civilians or also covered military personnel. Raja replied that Article 175(3) should benefit both civilians and military personnel equally. Later, the court adjourned the hearing until February 10.
Power Division noted 400% rise in electricity tariffs since 2010, justifying deposit hikes
Tehreek Tahafuz Aiyeen-e-Pakistan chief Mahmood Khan Achakzai hosted dinner in honour of opposition leaders
FPSC Chairman Lt Gen Akhtar Nawaz and Additional Attorney General Munawar Dogal appeared before court
Punjab CM criticises chief minister of Khyber Pakhtunkhwa for personal attacks against political rivals
Officials reported latest case was detected in Shikarpur, with onset of paralysis recorded on December 15, 2024
Right now, power plants are using 252 mmcf RLNG against its demand of 400 mmcf